Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – A judge Tuesday reiterated his decision that Timothy Hauschultz’s Feb. 23 trial for allegedly ordering the punishment which led to the 2018 death of a 7-year-old boy will go on as planned – despite renewed requests to delay the trial due to concerns about key testimony in the case.
Timothy Hauschultz faces eight counts, including felony murder, for allegedly ordering the punishment which led to the death of his great-nephew, Ethan Hauschultz.
Tim Hauschultz was the child’s legal guardian when the boy was found dead in a snowbank at a town of Newton home in April 2018. Hauschultz’s son, Damian, was convicted of causing Ethan’s death. The defense contends Damian acted on his own accord, beyond Timothy’s instructions.
After two different judges rejected two different plea deals, the case was scheduled for trial starting Feb. 23.
At issue now is the testimony of Damian Hauschultz: if it would happen, and, if not, what previous statements that he made would be allowed at trial. Among those: the defense wants Damian to testify about statements he made suggesting he acted outside of Tim’s orders.
Tim Hauschultz’s case was already delayed several years while waiting for Damian’s case and appeals to be concluded. After the state Supreme Court rejected his appeal in September 2024, the parties believed Damian would be available to testify at Tim’s trial.
However, the reasons prompting the recusal of Judge Jerilyn Dietz from Tim’s case in May is expected to trigger another appeal by Damian, attorneys said at a hearing earlier this month. With that pending, Damian would be expected to invoke his Fifth Amendment rights to not incriminate himself, making him unavailable to testify at Tim’s trial.
As of Tuesday, however, no appeals raising those issues have been filed by Damian’s current attorney.
Although the delay request was made jointly by prosecutors and the defense, Judge Carey Reed denied the postponement request at a Dec. 11 hearing, saying waiting on Damian’s appeals could, again, take years.
Since that hearing, the request to delay the trial was again raised by Tim Hauschultz’s lawyers. But in a two-page ruling issued Tuesday, Judge Reed again denied it.
The judge addressed the issue of Damian’s testimony:
“The parties were informed that the issue of Damian Hauschultz’ potentially invoking his Fifth Amendment right and potential unavailability must be addressed outside the presence of the jury at trial. Thus, the court has not ruled on Damian Hauschultz’ availability much less excluded his testimony as argued by the defendant,” the judge wrote.
“Notwithstanding the status of Damian Hauschultz appeal opportunities, no persuasive argument has been proffered to suggest that Judge Dietz was statutorily conflicted on the present case or Damian Hauschultz’ case. The questionable availability, much less plausibility, of any such appeal is dubious,” the ruling states. “The parties have been instructed, in anticipation of the above, to identify specific statements they wish to elicit from Damian Hauschultz, the basis for admitting the statements and that the court will make a ruling on said statements.”
The judge also addressed the age of the case:
“This case was filed on February 1, 2019 and will be unresolved for a 7th year with the current trial date. The risk of further victim/witness confusion and inability to recall will be exacerbated by further delays. Further delay would risk a miscarriage of justice, frustrate the parties, victims’ and public’s rights and interests in both a fair trial and a timely resolution. The parties were given adequate time to address how to handle Damian Hauschultz’s statements should he be unavailable. As stated above, the parties’ were instructed to identify specific statements of Damian Hauschultz that they wish to admit and the basis for admitting them so the court could rule on the statements – thus far neither has,” the ruling states.
Tuesday’s decision could be appealed to the state Court of Appeals. Such appeals, known as ‘interlocutory appeals’, are rarely granted but can be used in cases where a party believes there are matters of law better handled before the trial than after.
The parties return to court Jan. 23 for status hearing. The two-week trial is scheduled to start Feb. 23.
According to the criminal complaint, on April 20, 2018, Timothy told his son, Damian, then 14, to make sure Ethan completed his punishment. That included, according to the complaint, Ethan being required to carry a log for two hours around a path in the backyard of their home.
Damian said Ethan had to carry wood for not knowing 13 Bible verses to Timothy’s satisfaction. The punishment was one week of carrying wood for two hours per day.
Timothy picked out the logs, but Damian had to supervise the punishment for the younger children.
During that time, the complaint says Ethan “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say
Damian also stood on Ethan’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian buried Ethan in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Neither Timothy nor his wife, Tina McKeever-Hauschultz, were home when Ethan died.
Hauschultz was arrested in February 2019 and ordered held on a $100,000 cash bond, which he was unable to post. His case was delayed for several years because of his son’s case. While Damian’s trial and appeals were pending, Damian was considered unavailable for Timothy’s trial. Eventually, Timothy’s bond was reduced to $75,000, which he posted in May 2022.
Damian, now 22, 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 Ethan’s death and failing to prevent it. She was released to extended supervision in January, 2024. The supervision lasts until January, 2029, state records show.
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