Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – When Damian Hauschultz is resentenced for the 2018 death of his step-brother, Ethan, 7, he wants the judge to have an updated pre-sentence report – so the defense has asked for the April 24 hearing to be postponed.
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. Prosecutors agreed to the re-sentencing, and it was set for April 24.
But Damian’s attorney, Karin Jonch-Clausen, said she no longer wants the court to use the original pre-sentence report from the 2021 hearing, she wrote in a motion filed Monday.
In following up with the forensic psychologist who conducted the prior evaluation, counsel has since learned that, given the passage of time and additional information regarding Damian’s adjustment, functioning, and progress during that time, a new evaluation is necessary to provide a reliable and current assessment of risk and rehabilitative needs. Counsel has further been informed that the earliest this updated evaluation can be completed is by late June 2026. Given the nature of the proceeding and the importance of presenting complete and current information relevant to the Court’s sentencing considerations, additional time is necessary to ensure a meaningful and informed resentencing,” the motion states.
Jonch-Clausen asked for a new date in late June or after, but still before Timothy Hauschultz’s trial on Oct. 12.
Prosecutors have not replied to the motion.
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.
Timothy 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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