Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Timothy Hauschultz’s attorneys have taken the first step towards appealing decisions in the case against him for allegedly ordering the punishment which lead to the death of Ethan Hauschultz, 7, in 2018.
Hauschultz faces eight counts, including felony murder, in the death of his 7-year-old great-nephew, Ethan Hauschultz, in Manitowoc County. Timothy Hauschultz was the boy’s legal guardian when the child was found dead in a snowbank. Timothy Hauschultz’s son, Damian, was convicted of causing Ethan’s death.
Timothy Hauschultz’s trial was scheduled for this week. Prosecutors and the defense reached a plea agreement, but it was rejected by Judge Jerilyn Dietz. The defense then asked the judge remove herself from the case, which she also denied.
Those moves lead the defense to announce it would file what’s known as an “interlocutory appeal” with the appeals court. It’s a method of asking the appeals court for a review before the case gets to a verdict. The appeals court does not have to hear the appeal; it’s a discretionary decision on its part. After a meeting with the victims in the case, Judge Dietz agreed to postpone the trial to allow that process to play out.
Late Wednesday, the “Petition for Leave to Appeal” was filed with the appeals court. However, no written briefs outlining the grounds for the appeal were filed, just the notice.
The state has not responded to the petition, court records show.
During that time the complaint says Ethan Hauschultz “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say Damian Hauschultz also stood on Ethan Hauschultz’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian Hauschultz buried Ethan Hauschultz in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Neither Timothy Hauschultz, nor his wife, Tina McKeever-Hauschultz, was home when Ethan died.
Damian Hauschultz, now 21, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for Ethan’s death.
Tina McKeever-Hauschultz served a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death. She was released to extended supervision in January 2024.
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