Timothy Hauschultz appears in court via video conference June 15, 2022. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – The attorney for Timothy Hauschultz – the man accused of ordering the punishment which led to the 2018 death of Ethan Hauschultz, 7 – has asked for the Feb. 24 trial to be postponed to allow more time for evidence to be reviewed.
Timothy Hauschultz, 54, is charged with felony murder and seven other counts. His trial was delayed for several years while the case and appeals of his son, Damian Hauschultz – who was convicted of causing Ethan’s death – worked its way through the court system.
The trial is scheduled for next month, but defense attorney Donna Kuechler says she’s still waiting for evidence, and needs time to review it.
“In further support, the defense has retained a forensic pathologist who is reviewing the case, medical records and the autopsy. The defense has recently requested .jpeg autopsy images from the State at the direction of our expert. To date, those have not yet been received. The defense expert needs additional time to receive and review the material. If the defense does not at a minimum hire our own experts to consult with about the medical evidence and potentially challenge the State’s experts regarding their opinions, our representation will be ineffective. While we have found an appropriately qualified medical expert, our expert has requested additional time to complete their review. Additionally, it is possible that our expert may identify areas where they recommend we consult additional experts,” Kuchler wrote.
Prosecutors have not replied to the motion.
A Jan. 31 motion hearing is the next scheduled item for the case.
According to the criminal complaint, 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.
Damian Hauschultz, now 21, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for Ethan’s death.
His case and appeals – arguing his statements to police as a 14-year-old were involuntary and should not have been allowed at trial – were pending for several years. During that time, he was considered unavailable to testify against Tim Hauschultz, keeping Tim Hauschultz’s case in legal limbo.
However, when the Wisconsin Supreme Court denied Damian Hauschultz’s appeal earlier this month, it cleared the way for Tim Hauschultz’s trial to proceed.
Timothy Hauschultz’s wife, Tina McKeever-Hauschultz, served a 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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