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"Joe Cool" Murderer To Be Sentenced

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"Joe Cool" Murderer To Be Sentenced

MIAMI (CBS4) ― The man who took a plea deal in the kidnapping and murders of the captain and crew of the Miami charter boat Joe Cool will learn his fate today.

Earlier this year Kirby Archer, 36, pleaded guilty to robbery, kidnapping and murder in exchange for prosecutors not seeking the death penalty.

On Tuesday, a jury convicted Archer's co-defendant Guillermo Zarabozo, 20, on four lesser charges, but deadlocked and failed to convict him on the more serious charges of kidnapping and murder.  Raul Garcia told CBS4's Peter D'Oench that he and two women on the jury believed the story that Zarabozo gave on the stand in which he said he did not know of the plan to hijack the Joe Cool and take it to Cuba, and that he did not take part in the murders of four people, including the captain of the boat.

"He was guilty because he brought a gun onboard, but that's the only thing he did," said Garcia. "He didn't do any of the killing. I tried to work it out with the evidence, and I did not find anything to show me that he did the killing. I believed the only mistake he made is that he lied to the FBI."

Garcia says five days of deliberations became heated, with some jurors pounding their fists on a table and shouting.

"I've served on other juries before, and this was a tough one, a really tough one," said Garcia.

Garcia feels 20-year-old Zarabozo was responsible for the murders onboard the Joe Cool. That's why he voted to find Zarabozo guilty of causing four deaths through the use of the gun he brought on board the charter ship.

He's convinced that Archer planned and carried out the crime by himself

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

Sizzling Summer 2009