MANITOWOC (NBC 26) — Opening statements began Tuesday morning in Day 2 of the trial of Timothy Hauschultz, who is charged in connection with the 2018 death of his 7-year-old great-nephew, Ethan Hauschultz, with the state and defense offering competing accounts of who bears responsibility for the boy's death.
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Prosecutors say Timothy held guardianship over Ethan and his twin brother, Anthony Hauschultz, and chose the punishment that contributed to Ethan's death. The state alleges the boys were ordered to carry logs along a triangle-shaped path in the backyard of their Newton home, with Timothy determining both the weight of the logs and the length of time the children were required to carry them.
Manitowoc County District Attorney Jaclyn LeBre said the punishment served no legitimate purpose.
"There was really no purpose to the punishment, it wasn't like moving a woodpile to somewhere else, it was just walking in this pattern with these heavy objects outside," LeBre said.
"And again, these were determined by the defendant. He chose the punishment, he chose the amount of time, and he chose the size of those logs as well as the person in charge," LeBre said.
Prosecutors also allege that Timothy's 14-year-old son, Damian, took the punishment further — including burying Ethan in what the state describes as a "snow coffin." Damian has been convicted of first-degree reckless homicide for his role in Ethan's death.
The defense argues the children had behavioral issues, including stealing and lying, and says the jury must decide whether Timothy's discipline was reasonable.
Defense attorney Donna Keuchler said her client did not cause Ethan's death.
"Tim did not murder his great-nephew. Damian did. The state has twisted what happened here to make Tim look like some sort of monster," Keuchler said.
According to a special agent testimony, the boys were scheduled for two hours of carrying wood on the day Ethan was found unresponsive. While Timothy and his wife, Tina, were away from home running errands, Damian called Timothy three times. One call went unanswered; Timothy answered the other two. After the third call, Timothy returned to the residence. Timothy was away from home for roughly an hour and a half.
When Timothy arrived home, he found Ethan unresponsive — face down over a log. The defense said Timothy told investigators he ran two red lights to get Ethan to the hospital.
Timothy and Tina initially headed to Aurora Medical Center but changed course and went to Holy Family Memorial Hospital instead.
Critical care paramedic William Manis III described Ethan's condition when he arrived.
"The child looked rather limp, they were very pale, they were not moving," Manis said.
Holy Family Memorial Hospital physician Rebecca Reim said Ethan was gravely ill.
"He was breathing, he was unresponsive completely, he was really cold, his extremities were blue. He was cold, we couldn't wake him up," Reim said.
Investigators also testified about documenting Ethan's injuries. Photos shown in court displayed bruising on his face and extremities. Wisconsin Department of Justice Special Agent Kevin Haese, who was working with the Manitowoc County Sheriff's Office at the time, described the scope of the investigative effort.
"You try to get as much evidence as you can to understand why this little boy's there," Haese said.
Several other law enforcement witnesses also testified as the state began presenting its evidence. The trial is expected to continue throughout the week and possibly into the next.
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