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Charter Boat Murder Suspect Changes Plea

Man Accused Of Hijacking, Killing 'Joe Cool' Crew Won't Receive Death Penalty

POSTED: Thursday, July 24, 2008
UPDATED: 7:09 am EDT July 25, 2008

One of two men accused of hijack and murder aboard a Miami Beach fishing charter has pleaded guilty.

In Miami federal court Thursday, Kirby Archer -- absent without leave from the military and wanted by authorities in Arkansas -- exchanged his guilty plea for a life sentence with no chance of parole. He was facing a possible death sentence.

"Did you, in fact, do what the government said you did in this case," Judge Paul Huck asked. "How do you plead?"

"Guilty," Archer replied.

Prosecutors have no witnesses and no bodies as evidence in the deaths of Jake Branam, captain of the fishing vessel, "Joe Cool;" his wife, Kelly Branam; crewmember and Jake Branam's half-brother, Scott Michael Gamble; and first mate Samuel Kairy.

The victims' families begrudgingly agreed to the plea so as not to chance a jury trial in a case without witnesses or bodies.

"We all came to the realization that no one's going to come back," said Jonathan Branam, Jake's cousin. "It is what it is. We'd rather have him spend his life in jail than walk."

Kirby's attorney said the plea deal was a best-case scenario for his client.

"We were able to save his life and he pled guilty to do so," said Allan Kaiser as he left the courthouse.

Archer and Guillermo Zarabozo, a then-19-year-old Hialeah resident, initially claimed pirates commandeered the "Joe Cool" and killed the crew.

In open court, prosecutor Karen Gilbert detailed the events of September 2007, beginning with Archer's intended flight from the law. He convinced Zarabozo, whom he had met while stationed in the Cuban refugee tent camp at Guantanamo Bay, to escape with him to Cuba, Gilbert alleged.

They scouted marinas for a charter they could commandeer and offered the crew of the "Joe Cool" $4,000 for a purported one-way trip. At sea, when Archer gave the signal, he shot the Branams on the fishing bridge as Zarabozo shot Kairy and Gamble on deck, Gilbert claimed.

Those were among the details the victims' family members had not yet learned.

"I wasn't aware that, according to Archer, Archer shot Jake and Zarabozo supposedly shot Scott," said Scott's sister, Amie Gamble, who is also half-sister to Jake Branam.

Zarabozo has pleaded not guilty. Prosecutors will not seek the death penalty in his case.

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