Boy, 13, to be tried as adult in deadly Brevard County shooting

Teen to be tried as adult in deadly Brevard County shooting

A 13-year-old boy in Brevard County has been indicted as an adult on charges of first-degree felony murder and attempted robbery in the shooting death of a 30-year-old man, prosecutors announced Wednesday.

COCOA, Fla. - A 13-year-old boy will be tried as an adult after a grand jury indicted him on a charge of first-degree felony murder in the shooting death of a man during what prosecutors say was a botched robbery last month.

The teen, identified as Emeril Tytron Lemeul Rachel, was originally charged with manslaughter. The State Attorney’s Office said that charge "was not enough" based on evidence presented to the grand jury, which also indicted him on a charge of attempted robbery.

The backstory:

A grand jury returned the indictment against the teen, who investigators say arranged to meet 30-year-old Kelby Gavin Miller through a social media app before attempting to rob him outside an empty home on Bristol Drive in Cocoa. 

CLICK TO DOWNLOAD THE FOX LOCAL APP

According to court documents, on the evening of Nov. 16, the teen allegedly approached Miller and shot him once in the torso with a .45-caliber handgun. Miller called 911 and reported he had been robbed before being taken to a hospital, where he later died.

Investigators said security footage from the neighborhood showed the teen pacing in the area before running toward Miller’s parked car within minutes of the victim’s final message. 

Emeril Tytron Lemuel Rachel

According to court documents, the teen’s mother identified him in the surveillance video.

SIGN-UP FOR FOX 35'S BREAKING NEWS, DAILY NEWS NEWSLETTERS

Police said they do not believe the teen was the individual Miller had been messaging prior to the shooting. FOX 35 News is still working to learn who the victim was speaking with over a social media app.

What they're saying:

After his twin brother was shot and killed, Tyler Miller, said it was as if a piece of his soul had died. 

Kelby Gavin Miller (left)

Tyler described Kelby as a family man, a man of faith and someone who was always his protector. Miller wants to ask the person accused of his murder why he decided to take his brother’s life.

Kelby Gavin Miller

The family said no criminal penalty can measure up to what they have lost, especially as they prepare for their first holidays without him.

"It makes no sense. He was a good guy. He didn't deserve that," Miller said.

What's next:

Rachel is being held in jail as he awaits trial.