Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Damian Hauschultz is asking the Wisconsin Supreme Court to review his conviction for the death of his 7-year-old cousin, Ethan, but the state argues his conviction should stand.
Damian Hauschultz, now 20, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for the April 20, 2018 death of Ethan Hauschultz at a home in Manitowoc County.
Damian Hauschultz’s appeal argued because the teen did not feel free to end the questioning by police, his self-incriminatory statements were not voluntarily made, and should not have been allowed as evidence. But the state appeals court rejected those arguments in March, upholding his conviction.
In April, Hauschultz’s attorney asked the Wisconsin Supreme Court to review the case. Her 34-page brief raises several issues it says the court should review. These include: whether Damian was in Miranda custody during any of the police interrogations, where his statements were voluntary, whether the circumstances surrounding Damian’s interrogations show “the pressures brought to bear” exceeded his “ability to resist,” rendering his statements involuntary.
In its reply filed Friday, the state Attorney General’s office argued the Supreme Court should not review the case. The state contends the lower courts properly ruled on the Miranda issues, and the circuit court’s rulings denying suppression of Hauschultz’s third statement to police was harmless and does not need review.
The Supreme Court will decide if it wants to hear the case. There is no set timeline for it to make that decision.
Meanwhile, Damian Hauschultz’s father, Timothy, is scheduled to stand trial June 18 on felony murder and other counts for allegedly ordering Damian, then 14, to supervise the punishment which led to Ethan’s death. Ethan was Tim’s great-nephew, who he had custody of. A status conference is scheduled for Monday.
Tim Hauschultz’s trial had been on hold, waiting for Damian Hauschultz’s appeal to be completed. Damian’s attorneys have said he would not be available testify while his appeal continued. It is unclear how the pending Supreme Court matter may impact next month’s scheduled trial.
The complaint says 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.
Timothy Hauschultz’s wife, Tina McKeever-Hauschultz, served 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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