Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Timothy Hauschultz’s trial for allegedly ordering the punishment which led to the 2018 death of his great-nephew, Ethan Hauschultz, 7, which was scheduled for next month, was postponed Wednesday. No new date was selected.
Timothy was Ethan’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.
Timothy faces eight counts — including neglecting a child, consequence is death and intentionally contributing to child delinquency, causing death — for allegedly ordering the punishment which led to the death of Ethan. The defense contends Damian acted on his own accord, beyond Timothy’s instructions.
Long after Damian’s case had concluded, and during preparation for Timothy’s trial, it was discovered that Judge Jerilyn Dietz had acted as a Guardian ad Litem for Damian before she was a judge. Although she didn’t remember any details about the case, it forced her recusal from Timothy’s case. Now, Damian’s attorney contends the same conflict of interest means he should get a new trial or be resentenced. While that is pending, however, Damian would be considered legally unavailable for trial because it’s expected he would invoke his Fifth Amendment right and not testify. A hearing in that case is later Wednesday.
Three different plea deals for Timothy have been presented to the two judges, but all were rejected. The judges have said the proposals didn’t adequately reflect the charges, or provide enough flexibility at sentencing.
Both District Attorney Jacalyn LaBre and defense attorney Donna Kuchler reiterated their support Wednesday to Calumet County Judge Carey Reed to accept the plea deal. The judge again said it wasn’t acceptable in the current form, but could be revised.
As for the Feb. 23 trial date, LaBre noted that without Damian available, the state’s case would depend more heavily on the testimony of three other children who were in the home. She raised concerns about the trial adding to their trauma, particularly for one of the children.
Kuchler, who previously supported holding off on Timothy’s trial to allow Damian to testify, said Wednesday she opposed a postponement, noting pre-trial preparations were underway.
Judge Reed said the increased toll on the other children is a different factor than was previously considered. He also cited the victims’ concerns that Damian’s testimony is necessary to properly try the case, and the judge expressed hope that Damian’s motion could be resolved relatively quickly.
With another hearing in Damian’s case today – which may shed light on how long that will take to be decided – the judge set a status conference for next week to discuss scheduling and other issues for Timothy.
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.
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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