A judge declared a mistrial Monday in the case of three men accused of killing Matthew Nicol, 25, and his German shepherd during a botched home invasion on Merritt Island in March 2021. The trial, which began last month, ended after a jury deadlocked following two days of deliberations. The judge set a calendar hearing for late September to determine the case’s next steps.
The incident occurred when Chase Harrison, Cory Cabaniss, Anthony Davila, Brian Vogel, and David Foreman-Taylor arrived at Nicol’s home on Hall Road in a rented U-Haul van. They wore masks and tactical gear and carried AR-style rifles and a hammer, according to prosecutors. Nicol, a swimming pool cleaner, was home due to rainy weather. Prosecutors said Cabaniss zip-tied Nicol during the burglary but accidentally shot him. Vogel also shot Nicol’s dog before the group fled empty-handed.
Two of the suspects have already pleaded guilty. Vogel was sentenced to 30 years in prison in May 2025, and Foreman-Taylor received 15 years in 2022. Harrison, Cabaniss, and Davila were on trial together. The case has been under investigation since 2021, with the Brevard County Sheriff’s Office making multiple arrests over the years.
The trial faced challenges from the start. Jury selection for the current case began in late July, but the deadlocked jury highlighted the difficulty of securing a conviction. The prosecution’s case relies heavily on witness testimony and forensic evidence, but defense attorneys argued inconsistencies in the timeline of events. The mistrial leaves the door open for a retrial, though no new charges have been filed against the three defendants.