Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) — A judge rejected a third attempt at a plea deal Monday for Timothy Hauschultz, the man who allegedly ordered the punishment which led to the 2018 death of his great-nephew, Ethan Hauschultz, at age 7.
The judge also again rejected a joint request from the state and defense to delay Timothy’s trial because of Damian Hauschultz’s unavailability to testify at his father’s trial.
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.
Manitowoc County Judge Jerilyn Dietz and then-Calumet County Judge Carey Reed previously rejected two different attempts at a plea deal.
In court Monday, the parties presented another plea deal. It called for Timothy to plead guilty to two counts: failure to act and neglecting a charge. That differed from the last version, in which Hauschultz would have entered an Alford plea. In an Alford plea, the defendant maintains his innocence but acknowledges the state has enough evidence to gain a conviction.
Ethan’s mother, Andrea Everett, again expressed her opposition to the deal. Everett doesn’t accept the state’s recommendation of time served and wants a more severe sentence.
Judge Reed said the plea deal was inadequate and didn’t provide the court with any flexibility at sentencing, as his options would be time served or a limited additional period behind bars for Hauschultz.
“I’m simply going to find, as I did with the previous offer, that the charges simply just don’t reflect the allegations contained in the information or the complaint,” the judge said. “I don’t think that I can address much of anything, other than to pick A or B, given that particular offer. And just not how the justice system is designed to work.”
That said, the judge encouraged the parties to continue negotiations towards a plea deal, though the defense said it would reject a deal with the possibility of more jail time.
After the plea deal was rejected, the focused turned to Timothy’s trial, which is scheduled to start Feb. 23.
Both the state and defense again asked the judge to postpone this trial due to the unavailability of Damian, who filed a motion last week asking for a new trial or resentencing. Both attorneys want to question Damian on his multiple statements given across several years.
Long after Damian’s case had concluded, and during preparation for Timothy’s trial, it was discovered that Judge 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. No hearings have been scheduled on that motion.
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.
But, citing the age of the case and, with no indication of when Damian’s motion will be resolved, Judge Reed denied the request to postpone the trial.
With Damian unavailable, Judge Reed said it’s doubtful any of his previous statements will be allowed at trial, but specific rulings would be made at the time.
The parties expect jury selection will take one day. The original pool was 150 people, but the draw is expected to be reduced ahead of time after the attorneys review pre-trial questionnaires. It’s anticipated a total of 14 jurors will be seated to hear the case, with two alternates selected before deliberations begin.
Another motions hearing is scheduled for Jan. 21.
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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