MANITOWOC, WI (WTAQ-WLUK) – Timothy Hauschultz will not be able to appeal three issues before his case goes to trial for allegedly ordering the punishment which lead to the death of Ethan Hauschultz in 2018, a court ruled Monday.
Hauschultz faces eight counts, including felony murder, in the death of Ethan, his 7-year-old great-nephew, in Manitowoc County. Timothy Hauschultz was the boy’s legal guardian when the child was found dead in a snowbank. Timothy Hauschultz’s son, Damian, was convicted of causing Ethan’s death.
His trial was scheduled to start earlier this month, but after Judge Jerilyn Dietz rejected a plea deal and a subsequent request for her to remove herself from the case because of that ruling, the trial was postponed was to allow the defense to appeal those rulings before trial. An Oct. 1 trial is now set. The defense also wanted to appeal a decision about the scope what social workers will be allowed to testify about at trial.
However, such appeals – known as “interlocutory appeals” – are not automatic. The appeals court needs to give permission for such appeals to be heard. Prosecutors opposed the defense motion.
In a two-page ruling Monday, the appeals court denied Hauschultz’s permission for the appeals to be heard, court records show.
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 in January 2024.
