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(AP Photo/Wilfredo Lee)
Family members and friends of the captain and crew of the "Joe Cool" fishing charter boat leave federal court Thursday, July 24, 2008 in Miami. One of two men accused of the slayings last year of four people aboard the "Joe Cool" changed his plea Thursday to guilty in exchange for prosecutors not seeking the death penalty.
1 day ago

One of two men accused of killing four people aboard a fishing charter last year pleaded guilty Thursday in exchange for an agreement that prosecutors will not seek the death penalty.

Kirby Archer, who had previously pleaded not guilty to the September boat hijacking and killings, pleaded guilty to four counts of first-degree murder, kidnapping, illegal seizure of a maritime vessel and other charges.

Prosecutors said Archer, 36, and Guillermo Zarabozo, 20, hired the charter boat Joe Cool to go to the Bahamas, then tried to divert it to Cuba. Zarabozo has pleaded not guilty and blamed Archer for killing the captain, his wife and two crew members.

Prosecutors announced Thursday they will not seek the death penalty against Zarabozo, whose trial is slated for next month.

Zarabozo's attorney, Bill Matthewman, said his client "maintains his not guilty plea and he plans to proceed to trial to prove his innocence."

Prosecutors said they intended to show Archer was the mastermind of the plan and eventually persuaded Zarabozo, a former security guard, to go along, warning that it would be dangerous and they might be jailed or tortured.

Prosecutors said in court Thursday that the men discussed various plans to get rid of the crew, including leaving them on a deserted island. The Joe Cool was supposed to have only two crew members, but there were four when Archer and Zarabozo boarded. They discussed possibly aborting the plan, but decided to continue anyway, prosecutors said.

At some point, prosecutors said, Archer told Zarabozo it was time to act because the captain was "acting strangely." Archer shot captain Jake Branam and his wife, Kelley Branam, who left behind two young children.

Prosecutors allege that Zarabozo used guns hidden in luggage to kill the captain's half brother, Scott Gamble, and crew member Samuel Kairy. The bodies were allegedly dumped overboard, though the victims and the murder weapons have never been found.

After the Joe Cool was reported missing Sept. 23, the Coast Guard located the boat adrift and far south of its course to Bimini. Archer and Zarabozo were found a few miles away in the boat's life raft, along with their luggage, and told authorities the boat had been hijacked by pirates.

Archer and Zarabozo, both dressed in khaki jail clothes, said little during the hearing.

"I think saving his life was the best reason" for the plea change, Archer's attorney Allan Kaiser said.

Jonathan Branam, the captain's cousin, said he is reminded of the murders every day when he looks at the Joe Cool, which is now docked behind his house.

"It's not going to bring anyone back, but I think justice is going to be served," he said.

Archer's sentencing is set for October.

At the time of the hijacking, Archer, of Strawberry, Ark., was a fugitive sought for the theft of $92,000 from a Wal-Mart where he was a manager. Authorities said he later confessed.

Authorities previously said Archer might have wanted to go to Cuba because Zarabozo was born there and Archer, who speaks Spanish, served there as a military police investigator at the U.S. base at Guantanamo Bay. Cuba has no extradition treaty with the United States and rarely produces fugitives being sought for U.S. crimes.

Prosecutors are suspicious of Zarabozo's claims that Archer killed all four victims. They believe two guns were used and said they plan to show the defendants had multiple weapons on the boat.

Investigators found four shell casings that prosecutors say they can trace back to a Glock 9 mm magazine Zarabozo purchased because they found a receipt in his home.

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