Indictment alleges first-degree felony murder after meeting arranged online ended in a deadly robbery attempt.
VIERA, Fla. — A Brevard County grand jury indicted 13-year-old Emeril Tytron Lemeul Rachel on first-degree felony murder and attempted robbery in the Nov. 16 shooting death of 30-year-old Kelby Gavin Miller near Port St. John, the State Attorney’s Office said Wednesday.
The decision moves the case into adult court and reframes a homicide that first came to police as a manslaughter arrest. Prosecutors said jurors heard evidence that the shooting followed an attempted robbery during a meeting set up through a social media dating app at a vacant house on Bristol Drive. The indictment signals that investigators believe the killing happened in the course of a felony, a legal path that elevates potential penalties and sets stricter pretrial rules for a defendant who is barely in his teens.
According to investigative records, Miller drove to the address shortly before the gunfire. Neighbors reported a single shot and cars departing quickly. Officers arrived to find Miller gravely wounded and later recovered a .45-caliber shell casing. The boy was identified through witness accounts and digital communications tied to the scheduled meet-up, detectives said. He was arrested three days later and initially charged with manslaughter and a firearm offense before the grand jury returned the upgraded counts. “Based on testimony and the physical evidence, jurors reached a unanimous decision,” a prosecutor said.
Officials have not said who owned the handgun used in the shooting or how the 13-year-old obtained it. Investigators are still reviewing device data, message histories, and any video from the street. Police have not announced additional suspects and said there is no indication of an ongoing threat to the neighborhood. Miller’s relatives, who gathered near the scene after the shooting, declined extended comment but confirmed his name and age. Records list the location as a vacant single-family home in a subdivision north of Cocoa, within unincorporated Brevard County.
The 18th Judicial Circuit, led by State Attorney Phil Archer, routinely convenes grand juries in homicides and other capital-eligible cases. Florida’s felony murder statute allows prosecutors to pursue a first-degree charge when a death occurs during certain felonies, including robbery. While the indictment names attempted robbery as the underlying offense, officials did not detail what, if anything, was taken. Arraignment in circuit court is the next step. The defense is expected to request discovery and may seek the teen’s transfer to a juvenile facility pending trial. A judge will set deadlines for motions related to admissibility of digital evidence and statements.
Residents along Bristol Drive described a block transformed by sirens and evidence markers. “It was one bang and then silence,” said James Wilcox, who lives two doors down from the vacant home. Another neighbor, Tonya Ramirez, said officers canvassed for doorbell footage until after midnight. On Thursday morning, a small memorial of flowers and candles appeared near the curb. A family acquaintance said Miller had planned to meet someone he did not know well. “He thought it was quick and safe,” the acquaintance said. Police would not confirm details about the messages that drew him to the house.
The teen remained in custody Thursday as prosecutors prepared formal filings in circuit court. Court officials said hearing dates would be posted once the docket is set, expected early next week. Authorities plan to release additional records after arraignment.
Author note: Last updated December 12, 2025.