Teen charged with murder ruled incompetent to stand trial in Cocoa shooting
Teen charged with murder ruled incompetent to stand trial
A 13-year-old charged with murder in the deadly shooting of a man in Cocoa has been ruled incompetent to stand trial, court records show.
BREVARD, Fla. - A legal case has come to a sudden halt after a Brevard County judge ruled that a 13-year-old boy indicted as an adult for first-degree felony murder is currently not competent to stand trial.
Emeril Rachel is accused in the November 2025 shooting death of 30-year-old Kelby Miller. However, a recent mental health evaluation has paused the state's efforts to move forward with prosecution.
Walking into a trap
The backstory:
The tragic incident unfolded on Bristol Drive in Cocoa. Investigators say Kelby Miller drove to a vacant home on the street to meet someone he had been communicating with through a social media app.
According to Cocoa Police, Miller was unknowingly walking into a trap; authorities believe he was messaging an unidentified accomplice who was using a phone to direct the 13-year-old suspect.
Neighborhood security footage captured Rachel pacing the area back and forth, then running toward Miller's parked vehicle within two minutes of the victim texting that he had arrived. Court documents show that Rachel approached Miller, pulled a .45-caliber handgun, and shot him once in the torso during a botched armed robbery.
A mortally wounded Miller managed to call 911 to report the robbery before being airlifted to Holmes Regional Medical Center, where he later died. Surveillance footage later led to Rachel's arrest after both the teen and his mother identified him in the video.
While Rachel was initially facing a manslaughter charge, a Brevard County Grand Jury later upgraded the charges, indicting him as an adult on counts of first-degree felony murder and attempted robbery.
New mental health ruling
The path to a criminal trial is now on hold following an official order. After reviewing psychological reports and testimony, the court adjudicated Rachel incompetent to proceed.
In her written ruling, Judge Naberhaus stated that the "Defendant is incompetent to proceed due to intellectual disabilities or autism."
The court further noted that "there is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on herself or himself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm."
Because of the severe nature of the conditions and the safety risks involved, the judge ordered Rachel into the custody of the Agency for Persons with Disabilities, mandating his commitment to a secure forensic facility.
Victim's family concerns
The sudden pause in the legal process has sparked deep concern for Miller's grieving family, who fear that true justice might be permanently delayed. Kelby's identical twin brother, Tyler Miller, expressed disbelief regarding the court's findings about the teen's mental state.
"He was a good soul, he was," Tyler Miller said of his late brother. "I never thought a 13-year-old could actually do that... He seems pretty competent to me for the most part. He knew what he did."
For the family, a lack of prison time would feel like a failure of the justice system.
"I want to see him serve his time in prison for a long time, honestly, maybe never get out possibly," Tyler Miller added.
Beyond Rachel, the family is also holding out hope that police will uncover and charge anyone else who may have acted as an accomplice or helped coordinate the deadly setup.
What's next:
Though the proceedings are currently stalled, the door to a future trial has not been permanently shut. Under Florida law, the suspension of the case is temporary while the state attempts to restore the teen's legal competency through specialized training.
In her order, Judge Naberhaus noted that "there is substantial probability that the condition causing the defendant’s incompetence will respond to training and the defendant will regain competency to proceed in the reasonably foreseeable future."
The State Attorney’s Office has confirmed they are fully prepared to resume the prosecution the moment the facility deems Rachel fit to understand the charges against him.
"Our prosecutors will stand by if Mr. Rachel regains competence," the State Attorney's Office said in a statement to FOX 35. "They will move forward with seeking justice in court for murder victim Kelby Miller and his survivors."
Another mental health status hearing for Rachel is scheduled to take place on Wednesday.
The Source: FOX 35 Reporter Esther Bower read court documents in the case. She emailed the state attorney's office and received a statement. She met with the victim's family on June 22, 2026.