GREEN BAY, Wis. (AP) — A Wisconsin 19-year-old has appealed his conviction of first-degree reckless homicide for the April 2018 death of a 7-year-old who was beaten, forced to carry a 44-pound log and buried in the snow before he died.
Damian Hauschultz was 14 years old when he supervised Ethan Hauschultz”s punishment at their Manitowoc County home, WLUK-TV reported.
Damian Hauschultz, of Mishicot, pleaded guilty to first-degree reckless homicide in the 2018 death of Ethan Hauschultz. He was sentenced to 20 years in prison plus 10 years of extended supervision.
His mother, Tina McKeever-Hauschultz, is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death. Timothy Hauschultz, Damian’s stepfather, is awaiting trial on multiple counts, including felony murder and child abuse for allegedly ordering the punishment.
The appeal argues that Damian Hauschultz should have been read his Miranda rights during three separate police interviews. The appeal contends that his self-incrimination was susceptible to pressure from law enforcement and should not have been allowed at trial.
The appeal asks the court to reverse the trial court’s ruling allowing the statements from his first three interrogations, and it wants Damian Hauschultz to be able withdraw the guilty plea, and have the case resume from that point.
Prosecutors have until Jan. 9 to reply to the appeal filed on Friday.