Xavier Fleming in court

Xavier Fleming, one of two men charged in the heart attack death of a man during an armed robbery at a Culver's restaurant last month, appears in court Tuesday.

One of two men charged with felony murder after a man died from a heart attack during a robbery last month at a Culver’s restaurant pleaded not guilty to the charges against him Tuesday, and waived his right to a preliminary hearing.

Xavier V. Fleming, 25, of Madison, also faces armed robbery and other charges for the June 27 incident at Culver’s and for three other armed robberies, all at local restaurants.

A preliminary hearing for a second man charged in the robberies, Nicholas A. Ivy, 32, of Middleton, was delayed because Ivy did not yet have a lawyer. He told Dane County Circuit Judge Richard Niess that he’s trying to hire his own lawyer, and asked for eight weeks to accomplish that, but Niess balked at the request.

Instead, a preliminary hearing for Ivy was set for Aug. 3.

A criminal complaint states that the two men entered the Culver’s restaurant at 2102 W. Beltline Hwy. as a crew was working on renovations there during the overnight hours. Christ Kneubuehl, 56, of Twin Lakes, who was installing floor tiles, agreed to use a grinder to break into a safe at the restaurant so that nobody would get hurt during the robbery.

But after finishing, Kneubuehl started to experience chest pain, the complaint states, and others on the crew were not allowed to call an ambulance for him. The complaint states that Fleming thought they should leave after Kneubuehl started to experience pain, but that Ivy did not want to go and instead continued to collect money from the safe.

Dane County Deputy Medical Examiner Dr. Agnieszka Rogalska concluded that Kneubuehl likely would have survived his heart attack had he gotten prompt medical attention, the complaint states.


Ed Treleven is the courts reporter for the Wisconsin State Journal.