Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Damian Hauschultz’s conviction for the death of his 7-year-old cousin stands, an appeals court ruled Wednesday. The decision clears the way for Tim Hauschultz, Damian’s father, to be tried on felony murder charges for allegedly ordering the punishment which led to the death of Ethan Hauschultz.
Timothy Hauschultz is charged with felony murder, child abuse, 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.
Damian Hauschultz, now 20, pleaded guilty to reckless homicide and was sentenced to 20 years in prison, plus 10 years of extended supervision.
Damian Hauschultz’s appeal argued because the teen did not feel free to end the questioning by police, his self-incriminatory statements were not voluntarily made, and should not have been allowed as evidence.
In a 28-page decision, the appeals court rejected his arguments.
“We conclude that Hauschultz was not subjected to custodial interrogation for purposes of Miranda during his first interview at the hospital and during his second interview at the sheriff’s department a short time later. We also conclude that Hauschultz’s statements during the first and second interviews were made voluntarily. Accordingly, the circuit court properly denied Hauschultz’s suppression motion as to those two interviews,” the decision states. “Whether Hauschultz was subjected to custodial interrogation during the third interview—which occurred in the early morning hours after Ethan had died—is a much closer question. Ultimately, we need not resolve that issue. Even assuming the early-morning interview was custodial in nature, the State has demonstrated that any error in admitting the statements from that interview was harmless. Hauschultz was resistant to answer any questions regarding the incident during that interview, and what information he did give authorities was almost entirely duplicative of information Hauschultz had disclosed during the earlier interviews. Accordingly, there is no reasonable possibility that any error would have affected Hauschultz’s decision to plead guilty.”
While Damian Hauschultz’s appeal has been pending for more than two years, his attorneys have said he would not be available to testify at Timothy Hauschultz’s trial, leading to repeated delays in setting a trial date for his father. Currently, Tim Hauschultz is scheduled to stand trial June 18.
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.
Neither parent was home when Ethan died.
Timothy Hauschultz’s wife, Tina McKeever-Hauschultz, served five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death. She was released to extended supervision in January.
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