MANITOWOC, WI (WTAQ-WLUK) – More than 8.5 years after Ethan Hauschultz died in a snowbank, in two weeks a jury will decide if his guardian, Tim Hauschultz, committed a criminal act by ordering the punishment which led to the 7-year-old’s death, or if a then-teenager who supervised the punishment acted on his own.
Timothy Hauschultz, 56, faces six charges – including neglecting a child, consequence is death, and intentionally contributing to the delinquency of a child resulting in death – for allegedly ordering the punishment which led to the death of Ethan. The defense contends Timothy’s son, Damian, acted on his own accord, beyond Timothy’s instructions.
Timothy was Ethan’s legal guardian when his great-nephew was found dead in a snowbank at a town of Newton home on April 20, 2018. Damian, was convicted of causing his cousin Ethan’s death and sentenced to 20 years in prison.
Timothy’s trial has faced multiple delays over the years, mostly tied to the legal availability — or lack thereof — of Damian to testify at trial. While various appeals have been pending, Damian’s attorney has said he would invoke his Fifth Amendment rights and not testify. Both the state and defense have said Damian’s testimony is critical to having a fair and complete trial, prompting the delays in Timothy’s trial.
In court Monday, the attorneys made final preparations before the Oct. 12 trial is scheduled to begin.
Among the issues settled: a panel of 14 jurors will hear the case. In all, 26 jurors will be picked, then the state and defense will each remove six, leaving the 14 to hear the case. Before the jury deliberations begin, any remaining jurors beyond 12 would be eliminated as alternates.
It is not yet known if Timothy Hauschultz will take the stand on his behalf. The attorneys Monday discussed details which would need to be finalized before that happens, but no decisions were made.
According to the criminal complaint, on April 20, 2018, Timothy told his son, Damian, then 14 but now 22, to make sure Ethan completed his punishment. That included, according to the complaint, Ethan being required to carry a log for two hours around a path in the backyard of their home.
Damian said Ethan 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 “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say
Damian also stood on Ethan’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian buried Ethan in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Neither Timothy nor his wife, Tina McKeever-Hauschultz, were home when Ethan died.
McKeever-Hauschultz served a five-year prison term for her role in the events leading up to Ethan’s death and failing to prevent it. She was released to extended supervision in January 2024. The supervision lasts until January 2029, state records show.
Hauschultz was arrested in February 2019 and ordered held on a $100,000 cash bond, which he was unable to post. Eventually, Timothy’s bond was reduced to $75,000, which he posted in May 2022.
