MERRITT ISLAND – One of five men charged in a botched home invasion that left a Merritt Island man and his dog dead has pleaded guilty and been sentenced to prison, becoming the third defendant convicted and incarcerated in the case.
Anthony J. Davila, 28, pleaded guilty Oct. 5 to manslaughter and burglary of a dwelling. Circuit Judge Kathryn Speicher sentenced him to 10 years in state prison and gave him credit for 5.35 years he has already spent in the Brevard County Jail awaiting trial.
Davila was one of five men who, according to prosecutors, wore tactical gear and masks to pose as federal Drug Enforcement Administration agents during the March 3, 2021, break-in at a home on East Hall Road. The group arrived in a rented U-Haul van and smashed through a glass door, planning to rob a rival drug dealer who lived at the house.
During the “raid,” one of the men unintentionally shot the dealer’s roommate, 25-year-old Matthew Nicol, while trying to zip-tie his hands. Another of the five intentionally shot and killed Nicol’s German shepherd, Mako. The burglars fled without taking any 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 was sentenced.
“I’m glad Anthony Davila pled guilty. I accept this because I have to,” she said. “I hope lessons were learned and people will move on in a positive way.”
Two trials, two hung juries
The State Attorney’s Office for the 18th Judicial Circuit tried Davila twice on charges of first-degree felony murder, armed burglary of a dwelling causing death, and animal cruelty. Both trials ended with hung juries, the most recent in August, when Davila stood trial alongside co-defendants Chase Harrison and Cory Cabaniss in a joint murder trial.
Evidence prepared by prosecutor Bernadette Serafinowicz included store records showing Davila bought the hammer used to smash into the home, which was left behind at the scene. During the August trial, jurors heard that investigators identified the suspects through surveillance video, U-Haul rental records, Home Depot surveillance footage, phone records and witness statements.
Davila’s plea agreement resolved his case with a homicide conviction and prison sentence, an outcome that would not have been guaranteed at a third trial.
Co-defendants
A Brevard County grand jury indicted all five men in June 2021 on charges of first-degree felony murder, armed burglary of a dwelling inflicting death, and cruelty to animals. Two of Davila’s co-defendants were previously convicted of murder and sentenced to prison through plea agreements.
David Foreman-Taylor, the first suspect arrested in the case in May 2021, pleaded guilty in 2022 to second-degree murder, armed burglary and animal cruelty. He received a 15-year prison sentence in exchange for testifying as a prosecution witness at trial.
Brian V. Vogel pleaded guilty in 2025 to second-degree murder, armed burglary and animal cruelty and was sentenced to 30 years in prison. Vogel shot Nicol’s dog to help the crew get inside the home.
The two remaining co-defendants, Harrison and Cabaniss, still face charges of first-degree felony murder, armed burglary and animal cruelty. Witnesses said Cabaniss was the burglar who shot Nicol.
Because all five men participated in the underlying felony of armed burglary that resulted in the two deaths, prosecutors held each of them equally responsible under Florida’s felony murder law.
The home invasion was tied to a broader Brevard County Sheriff’s Office investigation into a drug trafficking and dogfighting ring. In May 2022, deputies also arrested Tyler Grafing, then 21, who investigators said acted as a lookout, following the U-Haul to the home in a black Cadillac Escalade and communicating with the group by walkie-talkie.
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