Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Damian Hauschultz will be re-sentenced April 24 for causing the death of his 7-year-old foster brother in 2018, after a conflict of interest by the previous judge was discovered.
Hauschultz is now 22 years old but was 14 at the time of Ethan Hauschultz’s death. Damian pleaded guilty to reckless homicide and was sentenced to 20 years in prison. His case was presided over by Judge Jerilyn Dietz.
Long after Damian’s case had concluded, Dietz was also presiding over the case of Damian’s father, Timothy Hauschultz. He faces child abuse-causing death and other charges for allegedly ordering the punishment for Ethan which Damian carried out.
During preparation for that case, it was discovered that, before she was a judge, Dietz had been involved in a case with Damian as a Guardian ad Litem. Although she didn’t remember it, the conflict caused her to remove herself from Timothy’s case. As a result, Damian asked for either a new trial or to be re-sentenced by a different judge.
In court Tuesday, it was revealed that the prosecution and defense agreed that a new sentencing will take place, and the defense dropped its bid for a new trial.
Sheboygan County Judge Samantha Bastil will preside at that hearing.
As for Tim Hauschultz, he returns to court March 18 for a scheduling conference. The timing of his trial is dependent on what happens in Damian’s case, because both the prosecution and defense want Damian to testify at Tim’s trial.
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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