MANITOWOC (NBC 26) — UPDATE: After a 30 minute recess, Judge Jerilyn Dietz again rejected a plea agreement for Timothy Hauschultz. His attorney present, Donna Jean Kuchler, continued to argue in favor of the plea deal with help from fellow defense attorney Bradley Novreske, who appeared over Zoom.
Judge Dietz did not change her stance.
"I gave the parties half an hour to negotiate," she remarked. I didn't give the parties half an hour to come up with new arguments. I have made my ruling."
Another motion hearing has been scheduled for Monday, with a jury trial expected to begin Tuesday morning, February 25.
The previous version of this story has been updated to reflect more recent events.
A Manitowoc County judge on Thursday rejected a plea agreement for Timothy Hauschultz, who's accused of ordering punishment against a seven-year-old boy in his care that led to the boy's death.
Under the deal, the state and defense had agreed Haushultz would plead guilty to two felony counts of child abuse, but not multiple other felonies including felony murder.
Judge Jerilyn Dietz said considering the seriousness of the charges, she could not accept the deal, stating it would not be in the public's interest.
The charges stem from the 2018 death of Hauschultz's seven-year-old great-nephew, Ethan Hauschultz. Timothy, Ethan's legal guardian at the time, was accused of ordering punishment that led to the child’s death.
According to the criminal complaint, Ethan was forced to carry a 44-pound log for two hours a day as part of a week-long punishment. The punishment was enforced by Timothy’s then-14-year-old son, Damian Hauschultz, according to court records.
Damian allegedly stood on Ethan’s body and head while he was face-down in a puddle before burying him in about 80 pounds of snow, where he was left without a coat or boots for 20 to 30 minutes.
The complaint also cites the investigator’s report from the Milwaukee County Medical Examiner’s Office. An autopsy revealed that Ethan died from hypothermia and blunt force trauma. Further evidence showed bruising on Ethan's ribs, with prints consistent of a quote "boot-type footwear," according to the complaint.
Neither Timothy Hauschultz nor his wife, Tina McKeever-Hauschultz, were home at the time.
Damian Hauschultz was charged as an adult and sentenced in 2021 to 20 years in prison and 10 years of extended supervision, while Tina McKeever-Hauschultz served five years. She was released on extended supervision in January 2024.
