WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*

[Niner]

Update since last hearing - Timothy:

Date Event Court official Court reporter Amount
09-18-2019 Transcript
Additional text:
Transcript of Motion Hearing held 09-06-19.

09-10-2019 Order Dietz, Jerilyn M.
Additional text:
Order Denying Motion to Modify Bail.

09-09-2019 Proposed Order
09-06-2019 Motion hearing Dietz, Jerilyn M. Lemke, Robert
Additional text:
The matter is before the Court to modify/reduce the bail, to allow contact with the defendant's wife, and also to discuss having Jacob Hauschultz as supervisor for contacts between the defendant and his daughter S.H. Arguments. The Court denies all 3 parts of the motion. State to draft order. Minutes.

09-04-2019 Order Dietz, Jerilyn M.
Additional text:
It is hereby ordered that Penny and/or Bob Reed are permitted to supervise telephone and in-person visits between Mr. Hauschultz and his daughter Selene. Copy delivered to jail.

09-03-2019 Proposed Order
08-28-2019 Letters/correspondence
Additional text:
From Judge Dietz to Attorney Kuchler.

08-28-2019 Notice of hearing
Additional text:
Motion hearing on September 6, 2019 at 02:30 pm.

08-27-2019 Letters/correspondence
Additional text:
Letter to Judge Dietz

08-27-2019 Notice of motion, motion
Additional text:
Defendant's Notice of Motion and Motion to Modify and Reduce Bail and to Allow Contact with his wife

08-27-2019 Letters/correspondence
Additional text:
Letter to Judge Dietz

08-13-2019 Status conference Dietz, Jerilyn M. Lemke, Robert
Additional text:
Minutes.


Hearing:
Date Time Location Description Type Court official
10-28-201904:15 pm Manitowoc County Courthouse, Br. 2, Room 218 Scheduling conference Court Dietz, Jerilyn

link: Wisconsin Circuit Court Access


Tina:

Docket:
Date Event Court official Court reporter Amount
09-30-2019 Review hearing Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defendant in custody, appearing by phone. An updated report was filed by the doctor on 09-26-19. All parties have had a chance to review it. Based on the opinion of the doctor, this matter will have to be reset. Review hearing is now set for 01-06-2020 at 9:00 a.m. As far as the motion to modify bail is concerned..since these proceedings have been suspended pending the defendants competency issue, the Court will hold this motion in abeyance. Minutes.

09-30-2019 Notice of hearing
Additional text:
Review hearing on January 6, 2020 at 09:00 am.

Hearing:
Date Time Location Description Type Court official
01-06-2020 09:00 am Manitowoc County Courthouse, Br. 2, Room 218 Review hearing Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, October 28th:
*Motions Hearing – (@ 8:30am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – only for *Damian Hauschultz (15/14 @ time of crime) charged (2/4/19) & arraigned (3/19/19) with 1st degree reckless homicide, 3 counts of abuse of a child intentionally causing bodily harm & 3 counts of substantial battery. $150K cash bond.
First appearance on 2/4/19. Preliminary hearing was 2/11, but failure of his attorney to show rescheduled for 2/18/19.
2/18/19 Update: Next Preliminary hearing on 3/19. 3/19/19: Bound over for trial. Motions Hearing on 6/21 to determine whether he should stand trial as an adult or juvenile.
6/21/19 Update: Motions hearing rescheduled for 10/28, as he was appointed a new lawyer last month. 9/16/19: Denied motion to modify bail.

AND:

*Scheduling Conference Hearing – (@ 4:15pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – Only for *Timothy Scott Hauschultz (48) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Court information from 2/4/19 thru 6/27/19 reference post #79 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018
8/13 Update: The matter is before the Court to modify/reduce the bail, to allow contact with the defendant's wife, and also to discuss having Jacob Hauschultz as supervisor for contacts between the defendant and his daughter S.H. Arguments. The Court denies all 3 parts of the motion. Next Scheduling conference hearing on 10/28.
*Tina McKeever-Hauschultz (35) (great aunt) – Reset 9/30/19 Review Competency hearing on 1/6/20.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.

 

[Niner]

Damian Hauschultz's attorney petitions to move case to juvenile court

MANITOWOC (WLUK) -- 15-year-old Damian Hauschultz was in court Monday as his attorney is petitioning to have his case moved to juvenile court.
[.....]
A forensic psychologist, Dr. Deborah Collins, and a Manitowoc County social worker have testified.

Collins said after meeting with Damian Hauschultz she diagnosed him with unspecified anxiety disorder and unspecified trauma.
[.....]
Collins recommended his case be heard in juvenile court.
[.....]
Whether or not Hauschultz is charged as a child or an adult, he will be placed in a juvenile facility until he's 18-years-old.

Hauschultz's next court appearance is Dec. 2.

 

[Niner]

Manitowoc County child death: Experts say Damian Hauschultz should be tried as a juvenile

MANITOWOC - Two expert witnesses have recommended moving an adult court case against a 15-year-old accused of killing a 7-year-old into the juvenile system.
[.....]
Children older than age 10 who are charged with intentional or reckless homicide are automatically tried in adult court in Wisconsin, according to state statutes.
[.....]
Damian Hauschultz appeared Monday in Manitowoc County Circuit Court for the first of a two-part hearing to decide if his case should continue in the adult court system or move to juvenile court.
[.....]
The hearing was initially scheduled for one day but ran out of time after nearly six hours. The rest of the hearing will be conducted on Dec. 2 at the Manitowoc County Courthouse. At least one more witness is expected to take the stand.


sorry - basically the same as the one I posted earlier....

 

[Niner]

Timothy:

Docket:
10-29-2019 Notice of hearing
Additional text:
Scheduling conference on January 27, 2020 at 10:30 am.

10-28-2019 Scheduling conference Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defense would like to note for the record that the defendant was not produced for todays hearing. The defense objects to him not being produced for scheduling conference today. The Court notes the objection but points out that typically they are not produced for scheduling conferences Attorney Kuchler also was present during Damiens hearing and heard the Court order Stacey Ledvina to answer questions set before her including discussing things that may otherwise be confidential since no waivers were signed by Damiens parents. Attorney Kuchler would like to make a record that she nor her client Timothy Hauschultz were ever asked to sign such waivers. That objection is also noted for the Court although the testimony did not state that he denied signing waivers just that the waivers were not obtained. Damiens hearing has not concluded and has been adjourned to December 2, 2019 at 12:30 p.m. This matter is set for a Status on 01-27-2019 at 10:30 a.m. The State is to produce the defendant for that hearing.


Hearing:
Date Time Location Description Type Court official
01-27-2020 10:30 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

McKeever:

Court activities:
Date Time Location Description Type Court official
12-17-2019 03:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Competency hearing Court Dietz, Jerilyn M.


Court record:
Date Event Court official Court reporter Amount
11-26-2019 Writ of Habeas Corpus Dietz, Jerilyn M.

Additional text:
Writ of Habeas Corpus Ad Prosequendum and Order to Sheriff to transport defendant for a competency hearing on 12-17-19 at 3:30 p.m. in Branch 2. Copy filed.

11-25-2019 Proposed Order

11-25-2019 Notice of hearing

Additional text:
Competency hearing on December 17, 2019 at 03:30 pm.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, December 2nd:
*Motions Hearing – (@ 12:30pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – only for *Damian L. Hauschultz (16/14 @ time of crime) charged (2/4/19) & arraigned (3/19/19) with 1st degree reckless homicide, 3 counts of abuse of a child intentionally causing bodily harm & 3 counts (felony) of substantial battery. $150K cash bond.
First appearance on 2/4/19. Preliminary hearing was 2/11, but failure of his attorney to show rescheduled for 2/18/19. 2/18/19: Next Preliminary hearing on 3/19. 3/19/19: Bound over for trial. Motions Hearing on 6/21 to determine whether he should stand trial as an adult or juvenile.
6/21/19 Update: Motions hearing rescheduled for 10/28, as he was appointed a new lawyer last month. 9/16/19: Denied motion to modify bail.
10/28/19 Update: Defense attorney is petitioning to have his case moved to juvenile court. Judge will decide whether to charge him as an adult or juvenile. Next hearing on 12/2. 11/15/19: Motion to modify bond.
*Timothy Scott Hauschultz (48) (great uncle) – Status hearing on 1/27/20.
*Tina Marie McKeever-Hauschultz (35) (great aunt) – Reset 9/30/19 Review Competency hearing on 12/17/19.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.

 

[Niner]

Damian:

Docket:

Date Event Court official Court reporter Amount
12-02-2019 Notice of hearing
Additional text:
Oral ruling on January 9, 2020 at 09:00 am.

12-02-2019 Request
Additional text:
Public Defender Request for Transcripts of In-Court Proceedings.


Hearings:

Date Time Location Description Type Court official
01-09-2020 09:00 am Manitowoc County Courthouse, Br. 2, Room 218 Oral ruling Court Dietz, Jerilyn M.


link: Wisconsin Circuit Court Access

 

[Niner]

Tuesday, December 17th:
*Competency Hearing (@ 3:30pm ET) – WI – Ethan Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) - *Tina Marie McKeever-Hauschultz (35/now 36) (great aunt) charged (2/4/19) & arraigned (3/22/19) with 2 counts of child abuse-failing to prevent bodily harm & charged (3/5/19) with 2 counts intentionally contributing to the delinquency of a child. $75K cash bond.
First appearance in 2/4/19. Preliminary hearing on 2/11/19, next preliminary hearing on 2/20.
2/20/19 Update: Motion for bond reduction. Preliminary hearing rescheduled for 3/5. Telephone Conference hearing on 3/22.
3/5/19 Update: Officially charged with two counts of intentionally contributing to a child’s delinquency, & two counts of child abuse-failing to prevent bodily harm. She returns to court 3/22 for her arraignment.
3/22/19 Update: Arraignment has been rescheduled for 4/29. 4/29/19: Still has not been appointed a public defender. Arraignment reset for 5/15. 5/15/19: Judge orders TMH to have competency exam. Review of competency hearing on 7/12.
7/12/19 Update: Found incompetent to stand trial. Next Review hearing set for 9/30.
9/30/19 Update: Regarding reduction of bond is on hold until competency is reviewed. Reset Review Competency hearing on 12/17/19. Also one scheduled for 1/6/20.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.
*Timothy Scott Hauschultz – Scheduling Conference hearing on 1/27/20.
*Damian Hauschultz – Oral Ruling hearing on 1/9/20.

 

[Niner]

McKeever:

Docket:
Date Event Court official Court reporter Amount
12-17-2019 Hearing Dietz, Jerilyn M. Lemke, Robert
Additional text:
The defense is looking for a status conference to be set out about 45 to 60 days, they are seeking a second opinion for another examination. Status conference is set for 01-31-20 at 9:30 a.m. Minutes.

12-17-2019 Notice of hearing
Additional text:
Scheduling conference on January 31, 2020 at 09:30 am.


Hearing:
Date Time Location Description Type Court official
01-31-2020 09:30 am Manitowoc County Courthouse, Br. 2, Room 218 Scheduling conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

"Ethan's Law" drafted after young boy's tragic death

GREEN BAY, Wis. (WBAY) As the case against three people charged in the death of 7-year old Ethan Hauschultz makes its way through Manitowoc County Circuit Court, a Wisconsin lawmaker introduces a bill to prevent a similar tragedy from occurring in the future.

Senator Andre Jacque (R-De Pere) says "Ethan's Law" would prevent the placement of a child into the care of a non-parent with a criminal record of violence or abuse.

The young boy's tragic death shed light on a loophole Senator Jacque says needs to be fixed.
[.....]
After learning Timothy Hauschultz had a lengthy criminal record of violence and abuse when Ethan was placed in his home, Jacque decided something had to be done.

"We need to put those safeguards, those guardrails in place," says Jacque.

So, Jacque drafted Ethan's Law.
[.....]
Jacque will introduce "Ethan's Law" in the legislature next month with the hope it becomes law in 2020.

 

[RobinCAL]

It's just so sad that a law has to be created in the aftermath of such a terrible act rather than before to prevent it.

 

[JudgeJudi]

Other than regular court updates from Niner and YESorNO, (thank you guys), there has been no news since February. Here’s a comprehensive article on the backstory leading to poor little Ethan’s death, plus a lot more.


This is the house where Ethan was fatally injured while carrying out a punishment his legal guardian, Timothy, had assigned because Ethan talked back to a teacher.

Child-protection workers meant to rescue Ethan from neglect but they placed him with a known child-abuser. The man's record didn't matter.

You will be absolutely shocked when you read about Timothy's history of violence. No wonder Damian turned out the way he did. It’s just criminal that Ethan was allowed to live in that home and Child Protection has a lot to answer for. This case is so heartbreaking.

Manitowoc boy, 7, killed after being placed with a known child-abuser

 

[Niner]

Thursday, January 9th:
*Oral Ruling Hearing – (@ 9am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Damian L. Hauschultz (16/14 @ time of crime) charged (2/4/19) & arraigned (3/19/19) with 1st degree reckless homicide, 3 counts of abuse of a child intentionally causing bodily harm & 3 counts (felony) of substantial battery. $150K cash bond.
First appearance on 2/4/19. Preliminary hearing was 2/11, but failure of his attorney to show rescheduled for 2/18/19. 2/18/19: Next Preliminary hearing on 3/19. 3/19/19: Bound over for trial. Motions Hearing on 6/21 to determine whether he should stand trial as an adult or juvenile.
6/21/19 Update: Motions hearing rescheduled for 10/28, as he was appointed a new lawyer last month. 9/16/19: Denied motion to modify bail. 10/28/19: Defense attorney is petitioning to have his case moved to juvenile court. Judge will decide whether to charge him as an adult or juvenile. Next hearing on 12/2. 11/15/19: Motion to modify bond. 12/2/19: The judge will announce the decision of whether Damian will be tried in adult or juvenile court on Jan. 9. Next oral ruling hearing on 1/9/20.
*Timothy Scott Hauschultz (48) (great uncle) – Status hearing on 1/27/20.
*Tina Marie McKeever-Hauschultz (35) (great aunt) – Reset 9/30/19 Review Competency hearing on 1/31/20.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.

 

[Niner]

Manitowoc Co. judge rules Damian Hauschultz's case will stay in adult court

Thursday, January 9th 2020
MANITOWOC (WLUK) – The request of a 16-year-old boy charged with reckless homicide to have the case moved from adult court to juvenile court was rejected Thursday.
[.....]
In court Thursday, Judge Jerilyn Dietz ruled the case will stay in adult court. The next hearing is scheduled for Jan. 30.

Even if convicted in adult court, Hauschultz would be placed in a juvenile facility until he is 18.

 

[Niner]

Damian:
Docket:
Date Event Court official Court reporter Amount
01-09-2020 Oral ruling Dietz, Jerilyn M. Lemke, Robert


Additional text:
The Court reads the written decision into the record. The Court finds the defendant has not met its burden and therefore he is retained in circuit court. Status/Scheduling/Bail motion set for 01-30-2020 at 3:00 p.m.

01-09-2020 Decision Dietz, Jerilyn M.

Hearing:
Date Time Location Description Type Court official
01-30-2020 03:00 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, January 27th:
*Status Conference Hearing – (@ 10:30am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 49) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Court information from 2/4/19 thru 6/27/19 reference post #79 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018
8/13 Update: The matter is before the Court to modify/reduce the bail, to allow contact with the defendant's wife, and also to discuss having Jacob Hauschultz as supervisor for contacts between the defendant and his daughter S.H. Arguments. The Court denies all 3 parts of the motion. Next Scheduling conference hearing on 10/28.
10/28/19 Update: Status hearing on 1/27/20.
*Tina McKeever-Hauschultz (36) (great aunt) – Scheduling Conference hearing on 1/31/20.
*Damian Hauschultz (16) – Motion hearing on 1/30/20.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.

 

[Niner]

Timothy:

Docket:
Date Event Court official Court reporter Amount
01-27-2020 Status conference Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defendant in custody. Defense counsel is working on a motion to suppress. The parties are asking for another date for scheduling conference. Scheduling conference is set for 02-18-20 at 1:15 p.m. Minutes.

01-27-2020 Notice of hearing
Additional text:
Scheduling conference on February 18, 2020 at 01:15 pm.

Hearing:
Date Time Location Description Type Court official
02-18-2020 01:15 pm Manitowoc County Courthouse, Br. 2, Room 218 Scheduling conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Thursday, January 30th:
*Motion Hearing – (@ 3pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Damian L. Hauschultz (16/14 @ time of crime) charged (2/4/19) & arraigned (3/19/19) with 1st degree reckless homicide, 3 counts of abuse of a child intentionally causing bodily harm & 3 counts (felony) of substantial battery. $150K cash bond.
First appearance on 2/4/19. Preliminary hearing was 2/11, but failure of his attorney to show rescheduled for 2/18/19. 2/18/19: Next Preliminary hearing on 3/19. 3/19/19: Bound over for trial. Motions Hearing on 6/21 to determine whether he should stand trial as an adult or juvenile.
6/21/19 Update: Motions hearing rescheduled for 10/28, as he was appointed a new lawyer last month. 9/16/19: Denied motion to modify bail. 10/28/19: Defense attorney is petitioning to have his case moved to juvenile court. Judge will decide whether to charge him as an adult or juvenile. Next hearing on 12/2. 11/15/19: Motion to modify bond. 12/2/19: The judge will announce the decision of whether Damian will be tried in adult or juvenile court on Jan. 9. Next oral ruling hearing on 1/9/20.
1/9/20 Update: Judge rules Damian will be tried in adult court, denies defense motion to move case to juvenile court. Next motion hearing on 1/30 for status/scheduling/bail motions.
*Timothy Scott Hauschultz (49) (great uncle) – Scheduling conference hearing on 2/18/20.
*Tina Marie McKeever-Hauschultz (36) (great aunt) – Scheduling Conference hearing on 1/31/20.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2017.

 

[Niner]

Damian:

Docket:
Date Event Court official Court reporter Amount
01-30-2020 Notice of hearing
Additional text:
Motion hearing on April 2, 2020 at 01:30 pm.

01-27-2020 Notice of motion, motion
Additional text:
Notice of Motion and Motion to Modify Bail.

01-27-2020 Motion to suppress
Additional text:
Notice of Motion and Motion to Suppress Statements.

Hearing:
Date Time Location Description Type Court official
04-02-2020 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access


McKeever:

Docket:
Date Event Court official Court reporter Amount
01-30-2020 Notice of hearing
Additional text:
Competency hearing on March 31, 2020 at 11:00 am.

Hearing:
Date Time Location Description Type Court official
03-31-2020 11:00 am Manitowoc County Courthouse, Br. 2, Room 218 Competency hearing Court Dietz, Jerilyn M.


link: Wisconsin Circuit Court Access

McKeever's Scheduling hearing on 1/31/20 looks like it was cancelled.