Brian Vogel Sentenced to 30 Years for Murder in Fatal 2021 Home-Invasion Robbery on Merritt Island

Three co-defendants—Chase Harrison, 32; Cory Cabaniss, 29; and Anthony Davila, 27—await trial on the same charges

BREVARD COUNTY • VIERA, FLORIDA – One of five men who posed as DEA and sheriff’s agents during a fatal home-invasion robbery on Merritt Island has been sentenced to 30 years in prison.

Brian Victor Vogel, 33, was convicted under a plea agreement of second-degree murder and armed burglary of a dwelling for his role in a botched heist in 2021 in which victim Matthew Nicol, 25, was accidentally shot and left to bleed to death.

Vogel was also convicted of cruelty to animals for shooting and instantly killing Nicol’s protective German shepherd, Mako – a planned step in the robbery.

At a May 19 hearing, Assistant State Attorney Bernadette Serafinowicz asked for the 30-year sentence.

Serafinowicz introduced evidence that included home-security video of the robbers arriving at Nicol’s home in a rented U-Haul van while wearing masks, tactical gear, and clothing with law-enforcement markings. They were armed with AR-style rifles, semiautomatic handguns, and a hammer to break through a sliding-glass door.

Vogel and his co-defendants’ goal that morning of March 3, 2021, was to steal cash from a rival cocaine dealer who shared the home on Hall Road with Nicol.

But as one member of the crew zip-tied Nicol to keep him out of the way, he discharged his rifle and fatally shot Nicol through his upper back. Vogel and the others fled without any money.

“This was about greed and rivalry – about taking what was not theirs,” Serafinowicz told Circuit Judge Kathryn Speicher as she weighed sentencing recommendations.

“Although there was no intent to kill a human being, there was intent to kill Mako. If you dress as law enforcement officers and go into a house armed with guns and a hammer, things could go wrong in a hurry – and they did.”

Serafinowicz said Nicol worked as a swimming pool cleaner and was only home that morning because of rainy weather.

Besides the 30 years in prison for murder and burglary, Speicher sentenced Vogel to:

■ One year in custody, to run concurrently, for cruelty to animals.
■ Lifetime drug-offender probation after his release from prison.
■ No contact with any co-defendants in the case.

Three co-defendants—Chase Harrison, 32; Cory Cabaniss, 29; and Anthony Davila, 27—await trial on the same charges.

A fourth, David Foreman-Taylor, 23, accepted a plea agreement in 2022 and was sentenced to 15 years in prison. He has cooperated as a witness.

PREVIOUS COVERAGE: MAY 7, 2021

WATCH: Brevard County Sheriff Wayne Ivey reports the arrest of 23-year-old David Foreman-Taylor of Cocoa for his involvement in a home invasion robbery that led to the death of 25-year-old Matthew Nicol of Merritt Island. In what appears as an attempt to overcome any resistance from persons at the residence, Foreman-Taylor dressed in replica attire simulating the appearance of law enforcement, including tactical pants and shirts, helmets, communication devices, rifles and replica Sheriff and DEA patches.

Brevard Sheriff’s Agents also arrested 23-year-old David Foreman-Taylor of Cocoa for his involvement in the home invasion robbery and murder of Nicol.

The Brevard County Sheriff’s Office has arrested a second suspect, 29-year-old Brian Vogel of Cocoa, for his involvement in a home invasion robbery that led to the death of 25-year-old Matthew Nicol of Merritt Island.

Vogel was arrested after an arrest warrant was issued charging him with First Degree Felony Murder, Armed Burglary of a Dwelling and Animal Cruelty.

Vogel was arrested at the Brevard County Jail, where he was already incarcerated on multiple drug charges. He is being held on a No Bond status.

According to Brevard County Sheriff’s Office spokesman Tod Goodyear, the investigation began on March 3, 2021, when deputies responded to a residence on East Hall Road after receiving a call from a resident advising that he had heard what he believed to be gunshots and glass breaking and upon investigating the noise found Nicol injured in the residence.

“Deputies arrived at the residence finding Nicol deceased,” said Goodyear. “The scene was secured and agents from the Homicide Unit and Crime Scene Investigators began the investigation.”

The investigation has determined that Vogel was part of a group that went to the residence to commit an armed robbery seeking drug and drug proceeds.

“In what appears as an attempt to overcome any resistance from persons at the residence, the group dressed in replica attire simulating the appearance of law enforcement,” said Goodyear.

“This included tactical pants and shirts, helmets, communication devices, rifles and replica Sheriff and DEA patches.”

As the group entered the residence, they were confronted by Nicol’s pet dog, which was shot and killed by one member of the group. Nicol was then confronted by the group at which time he was also shot.

The group then exited the residence and fled the area.

“Disturbingly, residents and their associates then removed evidence relating to the drug activities from the residence prior to notifying law enforcement of the crime,” said Brevard County Sheriff Wayne Ivey.

“Agents were able to use information gained from the rental of a U-Haul van, the group used to travel to and from the crime scene, along with witness statements and other evidence collected, to assist in the identification of the members of the group.”

The investigation is ongoing and more arrests are expected in the near future.

Anyone who may have information about this death investigation is asked to please call Agent Don Reynolds of the Brevard County Sheriff’s Office Homicide Unit at 321-633-8413 or CRIMELINE at 1-800-423-TIPS (8477). All calls to CRIMELINE are confidential and callers can remain anonymous and be eligible for a reward.

Similar Stories