Austin yogurt shop murders: District attorney apologizes to initial suspects

AUSTIN, Texas - Four men spent years accused of those murders, but were eventually exonerated. 

Travis County District Attorney Jose Garza apologized for their prosecution.

What they're saying:

"I will say that I am sorry, but I know that will never be enough," said Travis County District Attorney Jose Garza at a press conference on Monday.

The apology wasn’t directed just towards the victims and families of the 1991 Austin yogurt shop murders, but also to those who were wrongfully prosecuted.

Thirty-four years later, DAJose Garza admitted the role his office played in their imprisonments.

"The evidence points to the guilt of Robert Eugene Brashers and to the innocence of Maurice Pierce, Michael Scott, Robert Springsteen, and Forrest Wellborn."

Austin 1991 yogurt shop murders

The backstory:

After more than three decades, Austin police investigators identified a dead serial killer as the man they believe is responsible for the unsolved 1991 quadruple murder at an Austin yogurt shop.

The suspect, identified as Robert Eugene Brashers, died by suicide in 1999. His identity was revealed to the victims' families, who had been waiting for decades for this bittersweet moment of a breakthrough.

The infamous crime occurred shortly before midnight on Friday, December 6, 1991. 

An Austin police patrol officer observed fire coming from the "I Can't Believe It's Yogurt! (ICBY)" shop located at 2949 West Anderson Lane. After the Austin Fire Department extinguished the fire, firefighters made a horrific discovery: the bodies of four young victims.

The deceased were 17-year-old Jennifer Harbison and 15-year-old Sarah Harbison, 17-year-old Eliza Thomas, and 13-year-old Amy Ayers. Jennifer and Eliza were employees at the shop, and Sarah and Amy were with them as they closed for the night. 

All four girls were nude, had been shot, bound, and gagged. Due to fire and water damage from the sprinklers, evidence collection was challenging.

"The girls were found nude and had been tied up with their own clothing as ligatures and bindings. There was evidence of sexual assault. All four had been shot in the head with a .22 caliber pistol. And Amy was also shot with a 380 pistol," Detective Daniel Jackson said.

The Austin Police Department (APD) received thousands of tips and dozens of confessions in the immediate aftermath, but most led nowhere.

Four initial suspects

Timeline:

Since the late 90s, a group of young men have been seen as the prime suspects in the murders. Four young girls were found shot, bound, and gagged at I Can’t Believe It’s Yogurt! The building was then set on fire afterward.

Within a week, 16-year-old Maurice Pierce was arrested at Northcross mall. He had a .22 pistol which was the same make and model used at the yogurt shop murders. 

After hours of interrogation by APD, he confessed to the murders of the four girls. 

The following morning, Pierce was interviewed again, but it was realized that his confession did not match the details of the crime scene. Pierce confessed he had lent the pistol to his friend Forrest Welborn. Welborn stated he was with Pierce, Michael Scott, and Robert Springsteen the night after the murders. 

All four were questioned, but eventually let go.

In 1999, eight years after the murders, Austin police re-interrogated the four men again. During this time, Springsteen and Scott confessed to the murders, implicating one another. All four men were then arrested for capital murder.

Charges were eventually dropped for Pierce and Welborn due to lack of evidence, but by 2003 Pierce had already spent years in jail.

"For three and a half years I was separated from my wife and daughter, family and friends and those years I will never be able to regain," said Pierce after being released.

But in 2001 and 2002, Scott and Springsteen were both convicted. Scott received a life sentence while Springsteen was given the death penalty.

Their confessions were used against one another in court, but they both claimed they were coerced by APD.

"Mr. Scott confessed after an 18-hour interrogation, Mr. Springsteen confessed after a 5-hour investigation," said DA Garza on Monday.

Eventually, Springsteen and Scott were granted new trials after a new ruling said their confessions could not be used against one another without cross-examination.

In 2009, as prosecutors prepared for a new trial, testing found that none of the DNA at the scene matched that of the original four suspects. 

After nearly 10 years in jail, Springsteen’s and Scott’s charges were dropped.