Yogurt Shop Murders
Encyclopedia
The 1991 Austin yogurt shop murders refers to the deaths of four teenage girls in a yogurt shop in Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...

, on December 6, 1991, after which the shop was set aflame. The bodies of 13-year-old Amy Ayers (sometimes spelled Ayres), 17-year-old Jennifer Harbison, her 15-year-old sister Sarah, and 17-year-old Eliza Thomas were discovered after the fire was extinguished.

The initial investigation spanned nearly eight years. Four men initially confessed to the murders, but were all released by 2009 due to lack of evidence. No new charges have been filed and local media coverage remains ongoing.

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 the fire was extinguished, firefighters discovered four bodies with three stacked on top of one another. All were bound and gagged with their own clothes as they were found undressed. Each victim had been shot in the head, thus leading police to determine that they had likely died before the fire was started.

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

Subsequent events

At the time of the murders, a known serial killer, Kenneth Allen McDuff
Kenneth McDuff
Kenneth Allen McDuff was an American serial killer suspected of at least 14 murders. He had previously been on death row from 1968 to 1972.-Early life and background:...

, was in the area. McDuff had a history of multiple murders involving teenagers, but was soon ruled out of the crime. McDuff was executed for his crimes on November 17, 1998.

False confessions

Austin police admit that over fifty people, including Kenneth 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.

1999 suspects arrested

On Wednesday, October 6, 1999, police in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

 arrested four suspects in connection with the murders. Robert Burns Springsteen, Jr., 24, was arrested in Charleston, West Virginia
Charleston, West Virginia
Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...

. Michael James Scott, 25, of Buda, Texas
Buda, Texas
Buda is a city in Hays County, Texas, United States. The population was 2,404 at the 2000 census. City leaders estimated the population exceeded 5,100 in 2008 and the official 2009 Census Bureau estimate showed the population had increased to 7,784 as of July 1, 2009. The 2010 US Census listed...

, was arrested in the Austin area. Maurice Pierce, 24, was arrested in Lewisville
Lewisville, Texas
Lewisville is a city in Denton County in the U.S. state of Texas. The 2010 United States Census placed the population at 95,290 within . The city also includes of Lewisville Lake....

, north of Dallas, and Forrest Wellborn, 23, was picked up in Lockhart, Texas
Lockhart, Texas
-External links:* *...

, southeast of Austin. The prosecution stated at one hearing that DNA evidence in the case had been tested against more than seventy people (including these four men) and failed to match. Charges against Forrest Wellborn were dropped when an Austin Grand Jury failed to indict him. Charges were later dropped against Maurice 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 for allegedly coercing confessions. A relationship between Springsteen's father and Austin police data processing employee Karen Huntley prompted her transfer.

2006 Springsteen conviction overturned

In 2006, the Texas Court of Criminal Appeals
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....

 overturned Robert Springsteen's conviction on the basis of an unfair trial. The U.S. Supreme Court refused to reinstate the conviction in February 2007.

2008 Scott and Springsteen request DNA tests

On Wednesday, August 20, 2008, the defense lawyers for Michael Scott and Robert Springsteen requested DNA testing of alternative suspects. No matches against evidence found earlier that year were able to be found.
Seven jurors from the trials have stated they would not have convicted the men had this evidence been available at the time.

2009 Scott and Springsteen release

On Wednesday, June 24, 2009, Judge Mike Lynch decided, in response to Travis County District Attorney Rosemary Lehmberg asking that one of the trials be continued, that defendants Robert Springsteen and Michael Scott be freed on bond pending their upcoming trials. At 2:50 PM on that day, both Robert Springsteen and Michael Scott walked out of the Travis County Jail with their attorneys.

Later that day, Lehmberg responded to Lynch's decision with the following statement:
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 6th. 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 of 2001 and September of 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 of 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 18th 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 Robert Springsteen and Michael 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 24, 2010, Austin Police Officer Frank Wilson and his rookie partner conducted a traffic stop on a vehicle driven by Maurice Pierce 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 him in the neck. Wilson, who survived his injuries, subsequently pulled out his gun and shot and killed Pierce.

The location today

The I Can't Believe It's Yogurt! shop was located in a strip mall at the corner of Anderson Lane and Rockwood Drive. A check cashing business currently occupies the space. In the parking lot there is a plaque that reads: "In loving memory of Amy Ayres, Jennifer Harbison, Sarah Harbison, Eliza Thomas. Forever in our hearts."

See also

  • Servant Girl Annihilator
    Servant Girl Annihilator
    An unknown serial killer, popularly known today as the Servant Girl Annihilator, preyed upon the city of Austin, Texas during the years 1884 and 1885...

    , also known as the "Austin Axe Murderer", a 1884-1885 serial killer
  • Charles Whitman
    Charles Whitman
    Charles Joseph Whitman was a student at the University of Texas at Austin and a former Marine who killed 16 people and wounded 32 others during a shooting rampage on and around the university's campus on August 1, 1966....

    , a 1966 sniper at the University of Texas at Austin
    University of Texas at Austin
    The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...


External links

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