MANITOWOC COUNTY, WI (WTAQ-WLUK) – The request of a 16-year-old boy charged with reckless homicide to have the case moved from adult court to juvenile court was rejected Thursday.
“The outcome here was tragic, heartbreaking and completely foreseeable given the abuse Damian caused upon E.H,” said Manitowoc County Judge Jerilyn Dietz. “This case is extremely brutal.”
Damian Hauschultz is charged in connection with the death of 7-year-old Ethan Hauschultz. Ethan Hauschultz was beaten, forced to carry a 44-pound-log, and buried in the snow before he died in April 2018.
“It was horrific to hear what he did to an innocent child that he was supposed to be taking care of. How could you not care, I just couldn’t believe it,” said family friend Kimberly Cops.
Anyone older than 10 who is charged with murder in Wisconsin starts in adult court. But the defense utilized a provision in the law to ask for the case to be sent to juvenile court. Two hearings were held last year, when testimony was offered about which system would be better suited to treat Damian Hauschultz.In court Thursday, Judge Jerilyn Dietz ruled the case will stay in adult court. The next hearing is scheduled for Jan. 30.
“I think it’s appropriate for what he’s done. He needs to pay for the crime that he’s committed,” said Cops.
Even if convicted in adult court, Hauschultz would be placed in a juvenile facility until he is 18.
Two other relatives are also charged in the case.
Timothy Hauschultz, Damian’s father and the great-uncle of Ethan, faces eight charges, six of which are felonies. He returns to court Jan. 27 for a status conference. No trial date has been set.
McKeever-Hauschultz, Timothy Hauschultz’s wife, is charged with failing to prevent bodily harm and one other charge. She returns to court Jan. 31 for a status conference. No trial date has been set.
The complaint says on April 20, 2018, Timothy told his son, Damian Hauschultz, then 15, to make sure 7-year-old Ethan Hauschultz completed his punishment.
That included, according to the complaint, Ethan Hauschultz being required to carry a 44-pound log for two hours around a path in the backyard of their home. Damian said he 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 Hauschultz “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say Damian Hauschultz also stood on Ethan Hauschultz’s “body and head” while he was “face-down in a puddle.”
The complaint also alleges Damian Hauschultz buried Ethan Hauschultz in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Ethan died of hypothermia, but also had extensive other injuries, including blunt force injuries to his head, chest and abdomen, and a rib fracture, the medical examiner determined, the complaint states.
