Oct 1, 2008 8:00 am US/Eastern
"Joe Cool" Suspect Guilty, But Not Of Murder
Jury Could Not Decide On Murder, Kidnapping Charges
Suspect Convicted On Relatively Minor Counts
Prosecutors To Meet On Possibility Of Retrial
MIAMI (CBS4) ―
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Guillermo Zarabozo, one of the two men accused in the kidnapping and murder of the captain and crew of the Joe Cool charter fishing boat, took the stand Monday in his own defense.
CBS4
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The Joe Cool, a miami-based charter boat found adrift off the coast fo Cuba 9/24, towed in 9/25/07. The crew ius missing, two passengers alive.
The man accused by prosecutors of helping to kill 4 people in a chilling mass murder aboard the charter boat "Joe Cool" was convicted Tuesday evening of four relatively minor counts, but a mistrial was declared in 12 other counts, including murder and kidnapping, after jurors told a federal court judge they were hopelessly deadlocked.
The federal court jury deliberated 5 days before finding 20-year-old Guillermo Zarabozo guilty only of four counts of causing death through the use of a firearm, for the deaths of the captain and crew members aboard the boat.
The jury, which had told U.S. District Judge Paul Huck Monday that they were "stuck in the sand" the day before and had little hope of coming to a consensus, ultimately could not decide if Zarabozo was guilty of kidnapping and murdering the crew of the Joe Cool.
Judge Huck told the jury to resume their deliberations Tuesday morning.
Zarabozo was one of two men who hired the Joe Cool charter boat for a trip to Bimini that prosecutors say was a ruse in a hijacking scheme.
Zarabozo testified that he brought a handgun in his luggage but blamed the killings on the man he called the mastermind of the killings, Kirby Archer, who has pleaded guilty in the case.
Zarabozo testified he was unaware that Archer planned to commandeer the boat and that Archer shot all four victims using Zarabozo's weapon. Prosecutors claimed he knew of the plan and was a willing participant in the murder of the boat's owner Jake Branham, the owner's wife Kelley, and two crew members.
His lawyers have said that if jurors believed Zarabozo, he should not be convicted for simply carrying the gun aboard. It was clear at least some jurors had serious doubts about Zarabozo's role.
Prosecutors say Zarabozo and Archer chartered the boat a year ago for their phony trip to the Bahamas. Prosecutor Karen Gilbert said in reality the two men intended to hijack the boat and ultimately sail to Cuba because Archer was under investigation in Arkansas for theft and child sexual abuse.
Zarabozo, who took the stand in his own defense, testified he was in the boat's bathroom when he heard shots and commotion. When he came out, he saw Archer holding Zarabozo's gun.
Zarabozo said Kirby ordered him at gunpoint to help throw the Joe Cool crew members' bodies overboard and clean up the blood. He insisted he only helped throw the bodies overboard because he was scared that Archer would kill him.
Archer, who has already pleaded guilty to the crimes, will be sentenced next month.
Prosecutors say they will meet and decide whether to retry the case on the other 12 charges.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
Double Homicide In NW Miami-Dade
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