Damian Hauschultz awaits Wisconsin Supreme Court on decision to hear his case

MANITOWOC – Damian L. Hauschultz is still waiting on an answer from the Wisconsin Supreme Court to see if it will review his reckless homicide conviction in the 2018 death of his 7-year-old cousin, Ethan.

Hauschultz was 14 when his cousin died after being beaten, forced to carry a 44-pound log and buried in the snow as punishment.

According to the Milwaukee County Medical Examiner's Office, Ethan died from hypothermia and blunt force injuries to his head, chest and abdomen.

Hauschultz, who is now 20 years old, pleaded guilty to reckless homicide and was sentenced to 20 years in prison.

Earlier this year, he filed an appeal in which his attorney, Megan Sanders, argued that Hauschultz's statements to the police were not voluntary because he was a minor and did not feel free to end the interrogations, and that those statements should not be allowed as evidence.

The appeal also said he did not have sufficient knowledge of his Miranda rights.

The Wisconsin Court of Appeals upheld the conviction in a decision made March 13 .

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On April 12, Sanders filed a 34-page brief on behalf of Hauschultz to petition the Wisconsin Supreme Court to review the case.

She raised several issues in the brief, including whether Hauschultz's statements to the police were voluntary and whether the circumstances around the interrogations pressured him beyond what is considered reasonable, which would indicate his statements were involuntary.

In a response filed by the state attorney general's office, the state argued the rulings by the lower courts had already fully considered all aspects of the questions at hand, and no further review was warranted.

The Supreme Court still has to decide if it will hear the case and there is no set timeline for that decision.

Hauschultz's father, Timothy Hauschultz, is still awaiting his trial on murder and child abuse charges related to Ethan's death.

The criminal complaint alleges Timothy ordered Damian to supervise the punishment that led to Ethan's death. Timothy and his wife, Tina McKeever-Hauschultz, were Ethan's guardians at the time.

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A jury trial has been scheduled and rescheduled several times. Now, Timothy Hauschultz's next court date is a status conference set for Sept. 24.

McKeever-Hauschultz was sentenced to five years in prison in 2021 after being convicted of child abuse-failure to prevent great bodily harm, and failing to prevent mental harm to a child, both felony charges.

Why we cover court cases: This report is part of the Herald Times Reporter's mission to fulfill our obligation to follow criminal cases from arrest to their conclusion. The aim is to shine a light on the criminal justice process so readers can see how publicly funded law enforcement and courts function.

Alisa M. Schafer is a reporter for the Herald Times Reporter in Manitowoc. She can be reached by email at aschafer@gannett.com .

This article originally appeared on Manitowoc Herald Times Reporter: Damian Hauschultz awaits Wisconsin Supreme Court on decision to hear his case