A Mishicot man convicted in the death of Ethan Hauschultz will be resentenced.
Court records show that 22-year-old Damian Hauschultz appeared over video in Manitowoc County Court after both prosecutors and his defense team have reached a stipulation in his case.
Damian asked to be resentenced or get a new trial after claiming his first lawyer during his reckless homicide case was ineffective.
He’s also considered to be a major witness in the case of Timothy Hauschultz, who’s expected to go to trial in his case.
Sheboygan County Judge Samantha Bastil presided over the case and heard that the defense will withdraw their postconviction motion for Damian’s resentencing.
Bastil will not review the previous transcripts and both prosecutors and the defense will make arguments about sentencing on April 24th.
Damian will return in person to Manitowoc County Circuit Court for the hearing.
Timothy is being charged with neglecting a child consequence is death after Ethan was forced to carry a heavy log for not knowing Bible verses.
The then 7-year-old was then later buried in the snow after being poked and hit over 100 times by Damian.
Damian was previously sentenced to 20-years in prison after being found guilty due to a no contest plea for 1st-degree reckless homicide.
