Wisconsin Supreme Court refuses to hear appeal from man who killed 7-year-old cousin

By 
 September 23, 2024

Damian Hauschultz was sentenced to two decades in prison three years ago after pleading guilty to reckless homicide over the death of his 7-year-old cousin.

While Hauschultz sought to appeal his conviction, the Wisconsin Supreme Court recently turned down his request. 

Trial judge said victim "was tortured to death"

According to the Herald Times Reporter, the Milwaukee County Medical Examiner's Office concluded that Hauschultz's cousin, Ethan, died in 2018 from hypothermia and blunt force injuries to his head, chest and abdomen.

Hauschultz admitted to repeatedly beating the child, rolling a heavy log over him, and ultimately burying Ethan in the snow.

"Ethan was tortured to death," Manitowoc County Circuit Court Judge Jerilyn Dietz was quoted as saying. "This is an extremely serious offense."

Andrea Everett was Ethan's mother, and she spoke at Hauschultz's sentencing, saying, "I don't understand how you beat a child for that long, how you ignore his cries and screams."

Defense lawyer sought to have confession thrown out

"You beat him and beat him, and when you were done, you buried him in your 'snow coffin.' You had the ability to reach out for help, and you didn't," she added.

"Damian made an adult decision that day," Everett said of Hauschultz, who was 14 at the time of his cousin's death. "The only way I can visit my son is look at a box with his ashes."

When filing his appeal, Hauschultz's attorney argued that her client's statements to police should not have been regarded as voluntary.

Specifically, she maintained that as a minor, he did not feel free to end the interrogation and exercise his right to remain silent.

Wisconsin governor signed "Ethan's Law" in 2021

Timothy Hauschultz is Damian Hauschultz's father, and has been charged with felony murder for allegedly ordering the attack on Ethan.

Meanwhile, Damian Hauschultz's mother, Tina McKeever-Hauschultz, was sentenced to five years behind bars in 2021 after she was found guilty of child abuse/failure to prevent great bodily harm, and failing to prevent mental harm to a child.

The couple had been made Ethan's legal guardians despite Mr. Hauschultz having been previously found guilty of child abuse.

That fact led Wisconsin Democratic Gov. Tony Evers to sign a bill known as "Ethan's Law" which bars judges from placing children in the custody of those with prior child abuse convictions.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson