BREVARD COUNTY, Fla. — One of five men charged in a Merritt Island home invasion that left a man and his dog dead has pleaded guilty and been sentenced to 10 years in prison.
Anthony J. Davila, 28, pleaded guilty Monday, Oct. 5, to manslaughter and burglary of a dwelling, according to the State Attorney’s Office. He is the third defendant convicted and sentenced to prison in connection with the March 2021 break-in.
The plea comes after two trials ended in hung juries, most recently in August. Channel 9 previously reported on the mistrial involving Davila and two co-defendants.
Burglars posed as federal agents
Prosecutors said Davila was among five men who arrived at a home on East Hall Road in a rented U-Haul van, wearing tactical gear and masks to pose as Drug Enforcement Administration agents.
The group smashed through a glass door, intending to rob a rival drug dealer who lived there, according to prosecutors.
During the break-in, one of the men unintentionally shot the dealer’s roommate, 25-year-old Matthew Nicol, while trying to zip-tie his hands. Another burglar shot and killed Nicol’s German shepherd, Mako.
The group fled without taking drugs or money. Nicol bled to death.
“Matt and Mako didn’t deserve to die the way they did,” Nicol’s mother, Kelly Nicol, said in a victim impact statement before Davila’s sentencing.
Evidence prepared by prosecutor Bernadette Serafinowicz included store records showing Davila bought the hammer used to break into the home. The hammer was left at the scene, according to the State Attorney’s Office.
Plea follows two inconclusive trials
Davila had been tried twice on charges of first-degree felony murder, armed burglary of a dwelling causing death and animal cruelty.
The State Attorney’s Office said the agreement secured a homicide conviction and prison sentence rather than proceeding to a third trial with an uncertain outcome.
“I’m glad Anthony Davila pled guilty — I accept this because I have to,” Kelly Nicol said. “I hope lessons were learned and people will move on in a positive way.”
Judge Kathryn Speicher credited Davila with 5.35 years already spent in jail awaiting trial.
Two defendants still face charges
Two other defendants previously pleaded guilty:
- David Foreman-Taylor received a 15-year prison sentence in 2022 after pleading guilty to second-degree murder, armed burglary and animal cruelty. His agreement included serving as a prosecution witness.
- Brian V. Vogel received a 30-year prison sentence in 2025 after pleading guilty to second-degree murder, armed burglary and animal cruelty. Prosecutors said Vogel shot Nicol’s dog.
Chase Harrison and Cory Cabaniss continue to face charges of first-degree felony murder, armed burglary and animal cruelty.
According to the State Attorney’s Office, witnesses identified Cabaniss as the burglar who shot Nicol.
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