MANITOWOC, WI (WTAQ-WLUK) – The bail set for a man charged in connection with the death of a 7-year-old boy will remain at $100,000 cash, a judge ruled Monday.
Timothy Hauschultz, 51, is charged with felony murder and other counts for allegedly ordering the punishment which led to death of Ethan Hauschultz, his 7-year-old great-nephew who he had custody of.
Ethan Hauschultz was beaten, forced to carry a 44-pound log, and was buried in the snow before he died in April 2018, prosecutors say.
Two people have already been convicted in the case. Damian Hauschultz, now 17, who supervised Ethan’s punishment, is serving a 20-year prison sentence. Tina McKeever-Hauschultz, Tim’s wife, is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death.
Timothy Hauschultz’s case was supposed to go to trial starting Monday, but at a hearing last month, it was postponed indefinitely to allow to Damian to testify at trial. Damian’s ongoing appeals make him legally unavailable to testify for the foreseeable future.
Since Timothy Hauschultz has been in custody for two years, 10 months on a $100,000 cash bond, no trial date is set, and is not going to be set for months, the defense renewed its call Monday for a lower bond. Additionally, defense attorney Donna Kuchler argued the evidence shows only Damian is responsible for Ethan’s death, the bond should be modified.
Kuchler suggested a $10,000 cash bond, with an electronic monitoring bracelet.
Drea Everett, Ethan’s mom, told the court her other children are afraid of the possibility of Timothy being released.
“I think the bail is fair,” Everett said.
District Attorney Jacalyn LaBre opposed a bail reduction, as well. She cited the wood-carrying punishment ordered by Timothy as being abusive. Also, LaBre noted it was a defense tactic to have the trial delayed to allow for Damian’s testimony.
Judge Jerliyn Dietz called the extensive pre-trial time in custody unfortunate, but given the need to protect the public, and ensure appearance in court, she denied the request and kept the bail at $100,000 cash.
Also Monday, the judge heard testimony from a potential expert witness on child abuse, but no decision was made immediately on if that will be allowed.
Timothy Hauschultz and McKeever-Hauschultz, were the court-appointed guardians for Ethan. They were not home at the time of the incident.
The complaint says on April 20, 2018, Timothy told his son Damian Hauschultz, then 14, to make sure 7-year-old Ethan Hauschultz completed his punishment.
That included, according to the complaint, Ethan Hauschultz being required to carry the 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.
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