Executive Summary
- Damian Hauschultz to be re-sentenced April 24 due to the previous judge’s past role as his Guardian ad Litem.
- Sheboygan County Judge Samantha Bastil will preside over the new hearing.
- The re-sentencing delays the trial of co-defendant Timothy Hauschultz, who faces charges of child abuse causing death.
- The case stems from the 2018 death of 7-year-old Ethan Hauschultz following alleged excessive punishment.
Damian Hauschultz is scheduled to undergo re-sentencing on April 24 regarding the 2018 death of his 7-year-old foster brother, Ethan Hauschultz, following the discovery of a conflict of interest involving the original presiding judge. Court records confirm that prosecution and defense attorneys agreed to the new sentencing hearing during proceedings on Tuesday, with the defense withdrawing its motion for a new trial.
According to court filings, the conflict arose regarding Judge Jerilyn Dietz, who presided over Damian Hauschultz’s initial sentencing where he received a 20-year prison term after pleading guilty to reckless homicide. It was later revealed during preparations for the trial of Damian’s father, Timothy Hauschultz, that Dietz had previously served as a Guardian ad Litem for Damian before her tenure on the bench. Although Judge Dietz stated she did not recall the prior representation, the conflict necessitated her recusal from Timothy Hauschultz’s case and subsequently invalidated the sentencing proceeding for Damian.
Sheboygan County Judge Samantha Bastil has been appointed to preside over the upcoming re-sentencing hearing. Damian Hauschultz, now 22, was 14 years old at the time of the incident. The criminal complaint alleges that on April 20, 2018, Timothy Hauschultz ordered his son to enforce a punishment on Ethan, which required the 7-year-old to carry a heavy log for two hours around the backyard path for failing to memorize Bible verses.
Investigators state in the complaint that Damian Hauschultz supervised the punishment, during which Ethan struggled to carry the wood. The complaint alleges Damian hit, kicked, struck, and poked the victim approximately 100 times, stood on his body and head while he was face-down in a puddle, and buried him in packed snow for 20 to 30 minutes without proper winter clothing. Ethan Hauschultz subsequently died from his injuries.
Timothy Hauschultz faces charges of child abuse causing death and other related offenses. His trial has been repeatedly delayed pending the outcome of his son’s legal proceedings, as both the prosecution and defense intend to call Damian as a witness. Timothy is scheduled for a scheduling conference on March 18.
State records indicate that Tina McKeever-Hauschultz, Timothy’s wife, served a five-year prison term for failing to prevent Ethan’s death. She was released to extended supervision in January 2024, which is set to continue until January 2029.
It is important to note that while Damian Hauschultz has entered a guilty plea, Timothy Hauschultz is presumed innocent of the charges against him until proven guilty in a court of law.
Procedural Integrity and Legal Delays
The vacating of the original sentence highlights the judicial system’s strict requirements regarding impartiality and conflict of interest. While the re-sentencing does not alter the defendant’s guilty plea, rectifying the procedural oversight is essential to ensure the final judgment withstands appellate review. This administrative adjustment has a cascading effect on the broader legal proceedings, specifically acting as a continued bottleneck for the trial of Timothy Hauschultz. The timeline for the co-defendant’s case remains contingent upon the finalization of Damian Hauschultz’s status, as his availability and testimony are central to the evidentiary strategy of both parties.
