MANITOWOC, WI (WTAQ-WLUK) –- The bail for man who allegedly ordered the punishment which led to the death of Ethan Hauschultz was reduced to $75,000 cash Wednesday, since Timothy Hauschultz has been held in jail for more than three years – with no trial date in sight – because he hasn’t been able to post the $100,000 cash bond.
Timothy Hauschultz is charged with felony murder and other counts for allegedly ordering his son, Damian Hauschultz, then 14, to punish 7-year-old Ethan Hauschultz on April 20, 2018. Ethan was Tim’s great-nephew, who he had custody of.
Ethan Hauschultz was beaten by Damian Hauschultz, forced to carry a 44-pound log, and was buried in the snow before he died. Damian Hauschultz was convicted and is serving a 20-year prison sentence.
Attorneys plan to call Damian Hauschultz to testify at Tim Hauschultz’s trial. However, until his appeals process is completed, Damian Hauschultz would invoke his Fifth Amendment rights and not testify, his attorneys have said – putting the case against Tim Hauschultz on indefinite hold. Given the appeals court process, it is unlikely a trial for Timothy Hauschultz is held in 2022. Pre-trial motions continue in the case, however.
Defense attorney Donna Kuchler Wednesday asked for the bail to be reduced to $25,000 or $30,000 cash, saying it’s uncertain he could even post that much.
“It is unreasonable to detain people for such long periods of time,” Kuchler said, noting Hauschultz is presumed innocent.
Manitowoc County District Attorney Jacalyn LaBre argued for keeping the bail as is.
Judge Dietz said she was “aghast” at how long the case has taken, noting the first trial date was canceled due to the pandemic, and the second was canceled because of the unavailability of Damian Hauschultz.
“It’s not right that Mr. Hauschultz is held in custody this long. But what is the alternative? I don’t think that an outright release from custody would be the right way to proceed. And, I need to do something to ensure both that we have some assurance that Mr. Hauschultz does return to court for future court dates, and, also, that conditions are set that do ensure the safety of the community,” the judge said.
If Hauschultz posts bond, he would be required to wear an electronic monitoring bracelet.
Kuchler, again pointing to the more than three-year wait so far – with no trial date expected to be set for months – also has filed a motion to dismiss the charges. That issue will be heard, along with others, at hearing tentatively set for April 28.
Also Wednesday, Judge Dietz ruled that video-recorded interviews done with three children – then ages 7, 8 and 11 – shortly after Ethan’s death will be allowed at the trial.
Timothy Hauschultz and his wife, Tina 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.
Tina McKeever-Hauschultz is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death.
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