PRESS RELEASE

Third defendant sentenced to prison in Merritt Island home invasion that killed man, dog

One of five defendants charged in a botched home invasion that left a man and his dog dead on Merritt Island has accepted responsibility and a prison sentence for his role.

ANTHONY J. DAVILA pled guilty Oct. 5 to felony charges of manslaughter and burglary of a dwelling. He was sentenced to 10 years in state prison, making him the third burglar convicted and incarcerated for the deadly incident.

Jail booking photo of Anthony J. Davila.

Davila, 28, was one of five men who wore tactical gear and masks to disguise themselves as federal Drug Enforcement Administration agents during the March 2021 break-in at a house on East Hall Road. The group arrived in a rented U-Haul van and smashed through a glass door with plans to rob a rival drug dealer who lived there. During the “raid,” one of the five 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 loyal German shepherd, Mako. The burglars fled without stealing 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 that was used to smash into the home and was left behind.

“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.”

The State Attorney’s Office tried Davila twice on charges of first-degree felony murder, armed burglary of a dwelling causing death, and animal cruelty. Both trials ended in hung juries, most recently in August. Davila’s plea agreement with the State Attorney’s Office resolved his case with a conviction and prison sentence for which there would be no guarantee at a third trial.

Photo of victims Matthew Nicol and his dog, Mako, at the beach.
Matthew Nicol and his dog, Mako, were killed in a home invasion on north Merritt Island in 2021.

Meanwhile, two of Davila’s co-defendants previously were convicted of murder and sentenced to prison in plea agreements:  

  • David Foreman-Taylor pled guilty in 2022 to second-degree murder, armed burglary and animal cruelty and received a 15-year prison sentence in exchange for serving as a prosecution witness at trial.
  • Brian V. Vogel pled guilty in 2025 to second-degree murder, armed burglary, and animal cruelty, resulting in a 30-year prison sentence. Vogel shot Nicol’s dog to help the crew gain entry.

Two remaining co-defendants, Chase Harrison and Cory Cabaniss, continue to face charges of first-degree felony murder, armed burglary and animal cruelty. Witnesses said Cabaniss was the burglar who shot Nicol. Because all five defendants participated in the underlying felony (armed burglary) that resulted in the two deaths, prosecutors held all equally responsible under Florida’s felony murder law.

As part of his sentence, Judge Kathryn Speicher gave Davila credit for 5.35 years he spent in jail awaiting trial.

Communications & Media

Matt Reed
Public Information Officer

Office of the State Attorney
18th Judicial Circuit
2725 Judge Fran Jamieson Way
Building D
Viera, Fl. 32940

(321) 617-7310
mreed@sa18.org