1991 Austin yogurt shop murders

The 1991 Austin yogurt shop murders is an open homicide case in Austin, Texas. On Friday, December 6, 1991, the yogurt shop was robbed and set afire after four teenage girls were murdered inside it. They were 13-year-old Amy Ayers (sometimes spelled Ayres), 17-year-old Eliza Thomas, 17-year-old Jennifer Harbison and her 15-year-old sister, Sarah Harbison.

Austin yogurt shop murders
LocationAustin, Texas
DateDecember 6, 1991 (1991-12-06)
c. 11:00 p.m. (CST)
Attack type
Mass murder, rape, arson
Deaths4
PerpetratorsUnknown

Jennifer and Eliza were employees of the store; they were working the evening shift. Sarah and Amy had spent the earlier part of the evening at nearby Northcross Mall, and were looking forward to a sleepover planned for that night. They were in the shop to help Jennifer close it down, and to get a ride home with her afterward.

The original investigation spanned nearly eight years. Two men who initially confessed to the quadruple slaying were thereupon tried and convicted; however, they were released from custody in 2009, for lack of evidence. No new charges have been filed, and local media coverage remains ongoing. As of 2016, the Austin Police Department's cold-case unit continues to pursue the identity of an unknown male, using DNA found on the youngest of the victims.[1]

Murders

Shortly before midnight on Friday, December 6, 1991, a patrolling Austin police officer noticed a fire coming from an I Can't Believe It's Yogurt! shop and reported it to his dispatcher. After it was extinguished, firefighters discovered four nude bodies. Each had been shot in the head execution style with a .22 lead bullet.

Sarah's body had been bound behind her with a pair of panties and she had also been gagged and raped. Jennifer was not bound but her hands were behind her back. Eliza had been gagged and her hands were also tied behind her back. All three had been severely charred and shot in the back of the head.[2]

Unlike the others Amy's body was found in a separate part of the shop. She was not charred but she had received 2nd and "very early" 3rd degree burns on 25-30% of her body. She was found with a "sock-like cloth" around her neck. She had been shot the same as the others however the bullet had missed her brain. She also had a second bullet which did severe damage to her brain. It exited through her lateral cheek and jawline.[3]

It is thought that the killers had stacked all 4 bodies on top of another but Amy pulled herself off and managed to crawl to a different part of the store. Sarah's and Eliza's bodies were found stacked on top of each other with Jennifer's body next to them which is theorised to have been stacked on top of them but had been disturbed when Amy crawled away.

Autopsy results show high levels of a BTU output which suggests an accelerant may have been used. It is believed the girls died before the fire started.

Just before the murders, the girls had been seen alive at the yogurt shop as late as 10:00 p.m. They had planned a sleepover for that night.[4]

Subsequent events

At the time of the murders, a known serial killer, Kenneth Allen McDuff, was in the area. He had a history of multiple murders involving teenagers, but was soon ruled out of the crime.[5] He was executed for his crimes on November 17, 1998.

False confessions

Austin police admit that over fifty people, including McDuff on the day of his execution, had confessed to the yogurt shop murders. A confession in 1992 by two Mexican nationals, held by Mexican authorities, was soon disputed and finally ruled false.[6]

1999: Four suspects arrested

On Wednesday, October 6, 1999, police in Texas and West Virginia arrested four suspects in connection with the murders.[7] Robert Burns Springsteen, Jr., 24, was arrested in Charleston, West Virginia. Michael James Scott, 25, of Buda, Texas, was arrested in the Austin area. Maurice Pierce, 24, was arrested in Lewisville, north of Dallas, and Forrest Wellborn, 23, was picked up in Lockhart, southeast of Austin.[8] The prosecution stated at one hearing that DNA evidence in the case had been tested against more than 70 people (including these four men) and failed to match. Charges against Wellborn were dropped when an Austin grand jury failed to indict him. Charges were later dropped against Pierce. Only the cases against Scott and Springsteen went to trial.

The investigation was complicated by matters internal to the Austin Police Department. Detective Hector Polanco was fired for allegedly coercing confessions. A relationship between Springsteen's father and Austin police data-processing employee Karen Huntley prompted her transfer. Polanco was later reinstated after suing the city for discrimination based on race. He would eventually be promoted and retire with a full pension. He was also involved in coercing a false confession in a previous murder case, which led to the false imprisonment of Christopher Ochoa and Richard Danziger. Both were released after 13 years in prison; Danziger was assaulted in prison which resulted in permanent brain damage.[9]

2006: Springsteen conviction overturned

In 2006, the Texas Court of Criminal Appeals overturned Springsteen's conviction on the basis of an unfair trial.[10] The U.S. Supreme Court refused to reinstate the conviction in February 2007.[11]

2008: Scott and Springsteen request DNA tests

On August 20, 2008, the defense lawyers for Scott and Springsteen requested DNA testing of alternative suspects.[12] No matches against evidence discovered earlier that year were found.[13] Seven jurors from the trials have stated that they would not have convicted the men had this evidence been available at the time.[14]

2009: Release of Scott and Springsteen

On Wednesday, June 24, 2009, Judge Mike Lynch ruled, in response to Travis County District Attorney Rosemary Lehmberg's request that one of the trials be continued, that defendants Springsteen and Scott be freed on bond pending their upcoming trials.[15] At 2:50 p.m. that day, they both walked out of the Travis County Jail with their attorneys.[16]

Later that day, Lehmberg responded to Lynch's decision with the following statement:[17]

Today I requested a continuance in the case against Michael Scott, a defendant in the yogurt shop murders, whose trial was scheduled to begin on July 6. Judge Mike Lynch granted that motion but also released both Michael Scott and Robert Springsteen on personal bond, as he indicated he would do in his previous scheduling order.
Requesting a delay in the case was a difficult decision but one that I believe is the best course toward an ultimate successful prosecution of this important matter.
Knowing that Judge Lynch would release both defendants, we requested certain conditions on their bonds, requiring them to remain in Travis County and report to the Court any change of residence, to have no contact with the victims' families or witnesses, that they not carry weapons or consume alcohol or illegal drugs, that they report to the Court on a routine basis, and attend all court appearances.
As you know, both Springsteen and Scott were convicted by juries in June 2001 and September 2002. Their convictions were then overturned by the appellate court, but their statements to law enforcement were found to be voluntarily given.
Since the original trial of these two men, new developments in DNA technology have become available. As we prepared for retrial, in March 2008, we submitted various evidentiary items for what is called YSTR testing. This test looks for male DNA only and is deemed to be the most accurate test for samples that are mixtures of female and male DNA, as in this case.
We sought this testing because we have an ongoing duty and responsibility to use the most up to date science available, to seek the truth in this and all the cases we prosecute.
Currently, it is clear to me that our evidence in the death of these four young women includes DNA from one male whose identity is not yet known to us. The defense asserts that the testing reveals more than one unknown male, but the evidence presented at the hearing on Thursday, June 18 contradicts that notion.
The reliable scientific evidence in the case presents one, and one only, unknown male donor. Given that, I could not in good conscience allow this case to go to trial before the identity of this male donor is determined, and the full truth is known. I remain confident that both Springsteen and Scott are responsible for the deaths at the yogurt shop, but it would not be prudent to risk a trial until we also know the nature of the involvement of this unknown male.
My office and the Austin Police Department remain committed to these cases. Their further investigation will continue to be a priority. My commitment to the victims, their families, and this community is that we will not give up until all of the people responsible for these terrible and tragic murders are brought to justice.

On October 28, 2009, all charges were dismissed against Scott and Springsteen.

2010: Death of Maurice Pierce

On December 23, 2010, Austin police officer Frank Wilson and his rookie partner, Bradley Smith, conducted a traffic stop on a vehicle driven by Maurice Pierce - one of the four originally arrested in this case - in the northern part of the city. After a brief foot pursuit, Pierce struggled with Wilson before removing a knife from his belt and stabbing Wilson in the neck. Wilson, who survived his injuries, subsequently pulled out his gun and shot and killed Pierce.[18]

Book

The murders were the subject of Beverly Lowry's 2016 nonfiction book Who Killed These Girls? Cold Case: The Yogurt Shop Murders,[19] Corey Mitchell's 2016 nonfiction book Murdered Innocents[20] and the novel See How Small by Scott Blackwood.[21]

See also

Murders in the Austin area:

References
  1. "25 years later: Murder of 4 Austin teens still unsolved". KXAN.com. December 6, 2016. Retrieved December 1, 2017.
  2. "True Crime Society - The Yogurt Shop Murders". True Crime Society. August 19, 2019. Retrieved May 13, 2020.
  3. "True Crime Society - The Yogurt Shop Murders". True Crime Society. August 19, 2019. Retrieved May 13, 2020.
  4. González, Christian R. "Prosecution doles out crime scene details". News 8 Austin. Archived from the original on June 29, 2008. Retrieved October 26, 2008.
  5. "More testimony expected in yogurt shop murder trial". Lubbock Avalanche-Journal. May 11, 2001. Archived from the original on March 3, 2012. Retrieved August 25, 2008.
  6. "Deadly Encounter, A Brutal Murder, Still Unsolved". CBS News. September 14, 1998. Retrieved October 26, 2008.
  7. "Bush seeks extradition on murder suspect". Amarillo Globe-News. October 21, 1999. Archived from the original on June 4, 2011. Retrieved October 26, 2008.
  8. González, Christian R. "Yogurt shop suspects". News 8 Austin. Archived from the original on June 29, 2008. Retrieved October 26, 2008.
  9. "Who Killed These Girls? Cold Case: The Yogurt Shop Murders". Kirkus Reviews. September 2016.
  10. Vargas, Hermelinda (May 26, 2006). "Yogurt shop murder conviction overturned". News 8 Austin. Archived from the original on June 29, 2008. Retrieved October 26, 2008.
  11. "U.S. Supreme Court refuses to reinstate conviction". News 8 Austin. February 27, 2007. Archived from the original on June 29, 2008. Retrieved October 26, 2008.
  12. Kreytak, Steven (August 21, 2008). "Yogurt shop suspects' lawyers want more tests". Austin American-Statesman. Archived from the original on September 10, 2012. Retrieved November 3, 2008.
  13. Kreytak, Steven (September 18, 2008). "Still no DNA match in yogurt shop case". Austin American-Statesman. Retrieved November 3, 2008.
  14. 7 jurors say yogurt shop murder votes would change Archived March 4, 2009, at the Wayback Machine
  15. McKinley Jr, James C. (July 1, 2009). "New Evidence Opens Old Wound in 1991 Slaying of 4 Girls". The New York Times.
  16. "Yogurt shop murder defendants to be released". KVUE. June 24, 2009. Archived from the original on June 26, 2009. Retrieved June 24, 2009.
  17. Lehmberg, Rosemary (June 24, 2009). "Lehmberg press release". KVUE. Archived from the original on March 4, 2016. Retrieved June 24, 2009.
  18. Yogurt shop suspect dies in shooting Archived December 29, 2010, at the Wayback Machine
  19. "Who Killed These Girls? Cold Case: The Yogurt Shop Murders". Kirkus Reviews. September 2016. Archived from the original on September 28, 2016.
  20. Mitchell, Corey (December 27, 2016). Murdered Innocents. Pinnacle. ISBN 9780786039920.
  21. Blackwood, Scott (January 20, 2015). See How Small: A Novel. Little, Brown and Company. ISBN 9780316373807.
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