The Yogurt Shop Murders & Burger Chef Murders The Unsolved Murder of JonBenet Ramsey

The Yogurt Shop Murders

On December 6, 1991, firefighters in the capital city of Austin, Texas, responded to a suspected arson at a strip mall. The strip mall, which was located on the northwestern edge of the city, included a yogurt shop with the witty name, “I Can’t Believe It’s Yogurt!” The firefighters managed to put out the blaze, but what they found inside necessitated the involvement of the Austin Police Department.

Inside the yogurt shop were the bodies of four young women—13-year-old Amy Ayers, 17-year-old Eliza Thomas, 17-year-old Jennifer Harbison, and her 15-year-old sister Sarah. All victims were found naked, bound, and with gunshot wounds to their heads. Three of the bodies were stacked together, and at least one of the girls had been raped. The other three were so badly burned that further examination was almost impossible.[9]

The source material for author Beth Lowry’s 2016 true crime book Who Killed These Girls?, the yogurt shop murders continue to haunt the citizens of the Lone Star State. Closure came tantalizingly close when four young men were arrested in Texas and West Virginia in October 1999. Twenty-four-year-old Robert Bruce Springsteen and 25-year-old Michael James Scott were the only two to go to trial, and both men were convicted on flimsy DNA evidence. In 2001, Springsteen was sentenced to death.

Five years later, the Texas Court of Criminal Appeals overturned Springsteen’s conviction. This was due in part to the case of Detective Hector Polanco, who was investigated for coercing 13 false confessions. Following a negative DNA test in 2008, Springsteen and Scott were both released in 2009. In a strange coda to the story, one of the men arrested in 1999, Maurice Pierce, was shot and killed by police in December 2010, after stabbing Austin police officer Frank Wilson in the neck.

The 1991 Austin yogurt shop murders is an open homicide case in Austin, Texas. On Friday, December 6, 1991, the yogurt-dessert shop was robbed and set afire after the four young, teenaged girls in it were murdered. 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.

Jennifer Harbison and Eliza Thomas were employees of the store, and were working the evening shift. Harbison's sister Sarah and her friend Amy Ayers had planned a sleepover that night, and had spent the earlier part of the evening at nearby Northcross Mall. They were in the shop to help close and get a ride home with Jennifer.

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 found undressed but bound and gagged with their own clothes. Each victim had been shot in the head, thus leading police to determine that the teenagers had likely died before the fire was started.[2]

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.[2]

Later that day, Lehmberg responded to Lynch's decision with the following statement:[15]

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 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.