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2 men charged with murder in robbery heart-attack death

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MADISON, Wis. (AP) — Two men accused of stealing $4,300 from a Wisconsin fast-food restaurant are facing murder charges after a bystander suffered a fatal heart attack during the armed robbery.

A criminal complaint filed in Dane County Circuit Court on Monday alleges that Xavier Fleming, 25, and Nicholas Ivy, 32, robbed a Culver's restaurant in Madison last month, The Wisconsin State Journal ( ) reported.

Contractor Christ Kneubuehl was in the restaurant at the time with three of his crew members. He agreed to help the men break into the safe to ensure everyone's safety, but he then suffered a heart attack, his crew members told police.

One suspect refused to call an ambulance and continued to snatch money while Kneubuehl suffered the medical emergency, according to court documents.

The Dane County Medical Examiner's Office said Kneubuehl's heart attack was caused by stress and he likely would've survived had he received medical attention.

Kneubuehl had a history of heart problems, according to his crew members. The Culver's that was robbed and two other franchise locations donated all their Saturday sales — $75,000 — to Kneubuehl's family.

Fleming and Ivy also face armed robbery and false imprisonment charges related to three other restaurant robberies earlier this year. Authorities allege the men stole about $3,500 during the three incidents.

Ivy was released from prison last year after serving a 12-year sentence for committing a series of armed robberies of restaurants and bars in 2002 and 2003. Fleming served 10 days in jail in 2009 for misdemeanor theft after he was caught looking through students' backpacks and purses at Madison East High School.

Bail was set at $1 million each for both men on Monday, according to court records. Fleming and Ivy remained in custody at the Dane County Sheriff's Office as of Tuesday afternoon.

Court documents don't list attorneys for Fleming or Ivy. They're scheduled for a hearing next week.


Information from: Wisconsin State Journal,

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