Timothy Hauschultz appears in Manitowoc County court via video conference July 11, 2025. (Image courtesy Manitowoc County courts/Zoom)
MANITOWOC, WI (WTAQ-WLUK) — More than seven years after the death of Ethan Hauschultz, prosecutors want to upgrade one of the charges against his guardian, Timothy Hauschutz, who allegedly ordered the punishment which led to the boy’s death.
Timothy Hauschultz faces eight counts, including felony murder, in the 2018 death of 7-year-old Ethan Hauschultz, 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.
Timothy Hauschulz has pleaded not guilty. Trial is scheduled to start Feb. 23.
The felony murder count is an allegation that a death occurred while committing another felony count. In this case, the underlying offense is substantial battery. If convicted, the substantial battery offense has a maximum sentence of 3.5 years in prison with the felony murder count adding another potential 15 years of prison time.
In a motion filed this week by District Attorney Jacalyn LaBre, she asks the court for permission to replace the felony murder count with a count of ‘child neglect, death as a consequence’. That count has a maximum penalty of 25 years in prison.
“The facts supporting that charge are part of the discovery previously provided, expert reports previously provided and were litigated in the Daubert hearing for Dr. Fraiser,” LeBre wrote.
A Daubert hearing refers to a pre-trial motion hearing regarding the qualifications of an expert witness.
Since the trial is four months away, LeBre contends the defense would not be prejudiced by the change.
Defense attorney Donna Kuchler has not replied to the motion.
A motions hearing is scheduled for Nov. 10.
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. Timothy Hauschultz’s case was on hold for several years while Damian’s trial and appeals were handled.
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.
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