Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – In a decision which will likely lead to another delay for a trial related to the 2018 death of Ethan Hauschultz, a Manitowoc County judge removed herself from the case Wednesday due to a conflict of interest.
Timothy Hauschultz – the man charged with ordering the punishment which allegedly led to the death of Ethan Hauschultz in a snowbank in 2018 – was scheduled to stand trial Oct. 1. He faces eight counts, including felony murder, in the death of 7-year-old Ethan, his great-nephew. Timothy Hauschultz was the boy’s legal guardian when the child was found dead in a snowbank at a town of Newton home. Timothy Hauschultz’s son, Damian, was convicted of causing Ethan’s death.
In court Wednesday, Judge Jerilyn Dietz said it was brought to her attention she had acted as the guardian ad litem for witnesses in the case. Although she has no recollection of doing so, the conflict means she had to remove herself from the case.
Both District Attorney Jacalyn LaBre and defense attorney Donna Kuchler agreed with the judge’s assessment and decision.
The Director of State Courts office will appoint a new judge, who then will likely schedule a status conference to discuss the case.
The trial had been scheduled to start Oct. 1, but it’s unlikely that date will be available in the court of whichever judge is assigned.
One pre-trial issue remaining to be decided is a defense request that a jury from outside Manitowoc County hear the case.
According to the criminal complaint, on April 20, 2018, Timothy told his son, Damian Hauschultz, then 14, to make sure Ethan 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 Timothy Hauschultz, nor his wife, Tina McKeever-Hauschultz, 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.
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 last year.
The case was delayed for several years while Damian Hauschultz’s trial and appeals worked their way through the court system. As those appeals have all been rejected, he is now available to testify at Timothy Hauschultz’s case.
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