Sun Sentinel Palm Beach Edition

FAU student slain over quarter pound of pot, prosecutor says

- By Marc Freeman Staff writer

Almost a year after Florida Atlantic University sophomore Nicholas Acosta was robbed and shot to death off-campus in Boca Raton, a trial began Monday for a classmate accused of fully participat­ing in the crimes.

Prosecutor­s say Donovan Malik Henry, 19, of Miramar, then a FAU freshman and soccer player, joined four “criminal partners” in the Dec. 29 violence at the University Park Apartments complex.

Chief Assistant State Attorney Brian Fernandes said in his opening statement to the jury that 19-year-old Acosta was shot and killed in front of his girlfriend during what was supposed to be a drug sale. Henry didn’t pull the trigger but is just as responsibl­e as the others, the prosecutor said.

“A quarter-pound of marijuana is the price he put on the life of Nicholas Acosta,” Fernandes said of Henry’s alleged role that night, with the assailants splitting the marijuana five ways.

Scott Skier, attorney for Henry, did not give opening remarks to the jurors Monday but reserved the right to do so later in the trial.

“We very much look forward to presenting our version of the facts to a jury,” Skier told the Sun Sentinel last month.

In pretrial pleadings, Skier argued his client had no idea Acosta would be robbed let alone killed during the drug buy. Henry was “a pawn” of the real robbers, the defense lawyer said.

Fernandes, however, said Henry knew the scene would turn violent for Acosta and even warned the other men, “At the very least you’ll have to beat him.”

Within two months of the killing, Boca Raton police arrested Henry along with cousins Alexander Gillis and Adonis Gillis, and Rodrick Demetrius Woods, all from Miami Gardens. Police have identified Alexander Gillis as the shooter, which he has denied.

A fifth man, seen wearing a mask on surveillan­ce footage, has not been apprehende­d.

Henry’s case is the first to come to trial, although Woods in July pleaded guilty to the lesser charge of second-degree murder and has promised to testify as a key witness against Henry and his codefendan­ts.

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