MANITOWOC (NBC 26) — Damian Hauschultz, who has previously been convicted for his role in the death of Ethan Hauschultz, testified Wednesday in the trial of Timothy Hauschultz, saying that Timothy ordered the log-carrying punishment that led to Ethan's death.
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Damian, who is Timothy's stepson, testified that on April 20, 2018, he, Ethan and Ethan's twin brother Anthony were told to carry wooden logs for about two hours. Ethan and Anthony were 7 years old at the time.
"Who would decide that that was the punishment?" defense attorney Jaclyn Labre said.
"I believe it was Tim," Damian said.
"As far as how long you would have to carry wood, who would decide that?" Labre said.
"It was also Tim who decided that," Damian said.
Damian said Timothy had to approve the logs the children carried. They would initially choose their own, but if Timothy did not approve the selection, he would choose one himself.
Damian testified that Ethan and Anthony began struggling about 45 minutes to an hour into carrying the wood, slipping their grip and dropping the logs.
"I pushed them around and encouraged them to keep going," Damian said.
He admitted to hitting, kicking and pushing the boys, including with branches and a belt.
"What was Ethan doing?" Labre said.
"Struggling to do anything really .. then he laid down and just didn't move," Damian said.
Damian said he called Timothy and Tina Hauschultz twice, telling them something wasn't right with Ethan. When Ethan fell, Damian would step on him. Another child also stepped on Ethan and stood on his head. Other children helped place what Damian called a "snow coffin" on Ethan. Damian said he initially thought Ethan was faking because of a game they called "playing possum."
Damian also said he found Ethan and Anthony frustrating when they came to live in their home and that the children misbehaved and would fight.
The defense argued that frustration was the reason Damian hurt the children.
"What you did that day was something Tim never ever ever told you to do," defense attorney Donna Keuchler said.
"Correct," Damian said.
Damian said he had difficulty recalling some details due to the time that had passed, but that what he told police and detectives at the time of the incident, was probably accurate.
Retired Manitowoc County Detective Michael Herrmann also took the stand, testifying that the log Ethan was carrying weighed about 45 pounds. The defense questioned whether Ethan carried that particular log.
"As we sit here today, as far as you know, no child has ever identified these pieces of wood in any way?" Keuchler said.
"Not that I am aware of," Herrmann said.
Only the log Ethan was found laying over was identified.
Prosecutors presented physical evidence for the first time Wednesday, including:
- The log Ethan was found laying over
- A second log allegedly carried by Anthony
- A pair of children's boots that were wet when recovered
- Clothing items recovered from outside and inside the residence: a child's long-sleeve shirt, underwear, two pairs of socks, jeans, a sweatshirt, gloves and a hat
- Sticks and branches
- One shovel
- Photographs of Anthony showing bruises and abrasions across his face and extremities
Herrmann said Timothy was cooperative when investigators collected evidence.
Other witnesses from law enforcement and the state crime lab also took the stand.
The trial is set to resume Thursday morning.
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