$1 million bail for each defendant charged in Culver's crimes - WKOW 27: Madison, WI Breaking News, Weather and Sports

$1 million bail for each defendant charged in Culver's crimes

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Nicholas Ivy Nicholas Ivy
Xavier Fleming Xavier Fleming

MADISON (WKOW) -- A Dane County court commissioner set bail at $1 million for each of two defendants in connection with the death of a 56-year old contractor, as a Madison Culver's restaurant was robbed at gunpoint last month.

Court records also show when victim Christ Knuebuehl of Twin Lakes suffered an apparent heart attack after opening a safe for the robbers, suspected thief Xavier Fleming urged his accomplice, Nicholas Ivy, to abandon their efforts and leave, but Ivy refused.

"(Witness) said he remembered one of the suspects, referring to Knuebuehl, said, 'Bro we gotta go...Bro he unconscious,' to which the other suspect replied, 'I'm getting this money', " according to the criminal complaint against Fleming and Ivy. 

"He also said, 'Dude is gonna have to wait, ' " the complaint states.

Among the charges against Fleming and Ivy is felony murder.

Court records state one of Knuebuehl's workers in the overnight floor tiling of the restaurant offered to help thieves haul loot out of Culver's to try to speed the process of getting Knuebuehl emergency medical help, but records say approximately five minutes elapsed after Knuebuehl went into medical distress, and the thieves left.

Records say forensic pathologist Dr. Agnieszka Rogalska stated "...if immediate medical intervention had been provided to Kneubuehl at the first sign that he was in physical distress...he likely would have survived the heart attack."

According to the complaint, Ivy cut himself reaching into the safe , with blood splattering at the scene.  It says despite efforts by the thieves to clean up the blood, DNA retrieved from the blood, led to a match with Ivy's DNA profile in a criminal database.

The complaint says a Culver's official indicated stolen money totaled $4,280.

Fleming and Ivy were also charged Monday with the armed robberies of Madison's Oakcrest Tavern in April; a South Park Street Subway in May; and Taco John's in Monona in June.  Records state safes were opened and money taken in all these robberies, as they were at Culver's June 27.

"I'm not sure there's any amount of cash bail that would be enough to assure his appearance in court,"  commissioner Jason Hanson said as he set Ivy's bail.

The 32-year old Ivy was released from prison in October, after serving more than a decade behind bars for a string of armed robberies in Dane County.  Authorities say the 25-year old Fleming was a fugitive at the time of the Culver's crimes, after missing a court date in a misdemeanor case earlier in June.



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