jhungary
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True Crime - Case 4 - Austin Texas Yogurt Shop Murder [UNSOLVED]
Ok, I hope you guys have had your work cut out with the last case, because, this case, is quite a gem on crime solving, in fact, this crime remain unsolved for 26 years and counting. Today, there is still a task force within Austin Police Department dedicated to this case. So, that will let you have a grim taste of how tough this case is.
This case is also extremely violent, and sad, because 4 little girls was raped and killed and then burn alive on the scene. So, here I am introducing you with this real case - Austin Texas Yogurt Shop Murder.
Before we begin, I am going to lay down a few ground rules about this case. Instead of a free for all, this case I will group the discussion into several categories of question so as to discuss the new possibility and aspect of the case, also, I don't have time to get a run around with the other issue which as an investigator myself don't think it's relative to the case.
This case will be presented with ALL FACTS, I will, however, include an "other" sections so we to discuss the possibility of this case being done in a way relating to other crimes and also, add some additional info on the case. Since this is an ongoing investigation, A LOT OF FACTS were withheld, so basically, I will tell you whatever I know about this case, and you will know what I know, so please, do not ask question that it was not covered in the case (because by the end, you will know as much as I know, so no point asking me if you didn't know the info yourself.)
Sound interesting? Let's Begin, but first, let's take a moment and pay tribute to our victim in this case.
Amy Ayers - 13 Years Old
Eliza Thomas - 17 Years Old
Sarah (15 Years Old) and Jennifer Harbison (17 Years Old)
-------------------------------------------------------------------------------------------------------
Date : Dec 6, 1991
Location : I Can't Believe It's Yogurt Shop, located at 2949 W. Anderson Lane, Austin Texas
2D- Map of the location today
3D - Map of the Location Today.
Victims : 4 - Eliza Thomas (17) Jennifer Harbison (17) Sarah Harbison (15) and Amy Ayers (13)
Perpetrator(s) : Unknown (estimate 2 - 4)
Case Detail : On Dec 6 1991, Friends Eliza and Jennifer was working the dead end shift (Closing shift) of the yogurt shop in Austin Texas, the shop is supposed to close at 2300 (11pm) and between 1030 (When one of the parent check on the girls) 2 other girls (Sarah and Amy) joins Eliza and Jennifer and help the 2 close the shop, the 4 were planning on a sleep over on the Harbison Residence, they were last seen alive at that point.
By 2347 (11:47pm) a passing Police Cruiser notice smoke coming out of the Yogurt shop and called for Fire Department, Fire department arrive 6 minutes later, found the shop locked from the Inside, Firefighter break down the door and extinguish the fire. Afterward, notice Amy Ayers feet sticking out of the charred ground with 2 bullet wounds on her, and subsequently, the Fire Fighter discover the gruesome scene of mass murder of the 3 other girl in the back room, with each girl undressed, tied and gagged with their own clothes, shot in the head once and stack on top of each other.
Police declare this a crime scene no long afterward, and investigation went into effect.
Crime Scene : Each of the girls was shot once, with the exception of Amy, whom was shot twice, also 3 of the girls was located inside the back room near the back door, the office next to it was locked. The safe inside the office is untouched. However, the money in the till is missing, estimated at $540, the fire was started in the back and progress into the front of the shop which accounted for the relatively undamaged shop front
The till was opened and an unopened can of coca cola was on the counter. The "No-Sales" tab was pressed to open the till at 11:03 according to the point of sales operating system.
Witness Statement : No witness witnessed the crime or seen anything where the crime was being committed, however, several witness come forward to testify on strange occurrence to the shop before the crime being committed
Witness 1 : A former police officer, he was in the shop at about 2200 (10pm) saw the 4 girls is still alive, he saw a man standing in the queue acting suspicious, the man keep asking other people to jump ahead of him, and he was looking and acting nervous, by the time it was the witness turn, the man ask him to go ahead, the witness refused. The man, according to the witness, then ask for a cup of soda, and went into the back area. When the witness ask Eliza (Who was on the till) where the man gone, Eliza reply he gone to the toilet (which is behind the counter and outside of the office) The witness waited for a while, by the time the witness left, he did not see the man came back from the back.
Witness 2/3 : A couple entered the shop near closing (cannot remember the exact time) and notice 2 men sitting in the booth closest to the counter and drinking soda, feeling uneasy, they left without purchasing anything, nor did they witness the 2 girls (Amy and Sarah) enter the store or was already at the store.
Parent of the Deceased had visited the store sometime between 2130 to 2200 (9:30 pm to 10 pm) the parent was checking on the girls and leave without seeing anything suspicious.
Time Line :
between 9:30 - 10:00 pm - Parent check on the girls hang out for a bit and left the shop
10:00 pm - Witness 1 saw the suspicious man
10pm to 11 pm - Witness saw 2 men on the corner booths
10pm to 11 pm - Amy and Sarah enter the Shop
11:03 pm - Till opened with No Sales
11:47 - The shops is first noticed to be on fire
11:54 - Firefighter arrived
About Mid-Night on Dec 7 - Crime Scenes established.
Facts :
All 4 girl was shot in the head with a .22 cal bullet, with the exception of Amy whom was shot with a .22 and a .38 bullet
At least 2 firearms was used (.22 and .38)
All 4 girls was naked, undressed, and tied and gaged with their own clothes.
Amy and Sarah was confirmed to be raped, no trace in Eliza and Jennifer
Amy was found lying on the side away from the piles of bodies with hand stretched forward.
Till was opened at 11:03 with about $540 taken away, safe in the office was not broken into.
Front door was locked from the inside.
Fire started near the back room area and accelerant was used.
DNA extracted from Amy Ayers body. Which does not match any of the suspects in this case.
Suspects :
Of the 432 person of interest was interview, there were 4 suspects have reach trial stage, the 4 were friends to each other, 2 of the 4 was charged and tried and convicted, but have its conviction quashed in appeal.
Suspect 1 : Maurice Pierce (Deceased)
Was 16 at the time, he was considered a suspect for the crime. He was found to be in procession of a .22 firearms and banished it in a nearby mall a few days after the murder, the .22 pistol turns out NOT to be a match of the one that killed the 4 victim. He was arrested and indicted for the charge, grand jury due to other suspect testimony , however, have not been able to indict Pierce due to lack of Evidence
Maurice was killed in a Police Shoot out in 2010 with an unrelated incident.
Suspect 2 : Robert B. Springsteen Jr
17 at the time of this crime, he was arrested in associated with the murder, he subsequently confessed to the crime in 1999 and subject to the trial. He was convicted to the murder and sentence to life in 2001 but an appeal stated his right have been violated granted him a retrial and subsequently he was cleared by DNA evidence.
His confession can be seen here
In his confession, he confessed to shooting Amy and Raping Amy (Amy was the only girl shot by a 38) But he later recanted this confession and he was clear with DNA evidence found on Amy does not match him
Suspect 3 : Michael J. Scott
Michael Scott was 17 at the time, he was confessed to killing one of the girl (not specified) with a 22 cal revolver. He was later charged, convicted to the crime, and sentence to life in Prison. His conviction was overturned because of his right was violated during the trial and he was let go with not enough physically evidence.
His confession can be seen here
In his confession, he confessed to shooting at one of the girl (unnamed) and he claim Maurice have given him a gun to do the deed, and he was reluctant to do so and was threaten by Maurice on "Either she or him"
His confession and his trial was later thrown out of court and his charge was later dropped in 2009 for lack of evidence.
Suspect 4 : Forrest Wellborn
Was 15 at the time of this crime, he was alleged getaway driver of this crime, his role was implicated by both Scott and Springsteen Confession, he was put in front of a grand jury and failed to indict him because of lack of evidence. He was not charged with the crime and he maintain he was not involved in the crime throughout
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Above is the case presented in facts, below is the process and observation as well as the direction of the case, please contribute your through on each point (And to the point only) for the purpose of this discussion. I will also provide my observation and speculation along with the question so to stimulate the answer.
Question 1.) The Motive??
I found it strange for anyone to rob a yogurt shop for money, it may be a crime of opportunities but still, at that time of night, it's uncommon to case out a yogurt shop for a few hundred bucks to rob, that does not make too much sense for me.
So, if the motive is not money, then it must have been either the business or the girls. The business is not likely a target, because it is a franchise, unless there is someone who is not really going along with the "I can't believe it's yogurt" brand, I think it's safe to say the motive is the girls.
Which mean one or all of them are targeted and killed. Who is the question here? We know that Amy and Sarah are most definitely raped, the other two girl was too burn to do any test on it, which mean it could be a person or group of people happened to be at the vicinity and saw the girls, and think at this late at night, they can get away with raping these girl and they go and do it.
Question 2.) Pre-Planned or Chance?
It does not looks like the crime is a crime of opportunities, from the last witness seeing they were alive to the fire is only about 90 minutes, so for 90 minutes, you have to round up the girls, strip them naked, tied them up, raping at least 2 of them, killing all 4, douse the place with accelerant, torch the place and then getaway, there are multiple thing this could have gone wrong and if they had not had experience on this, the perpetrator cannot possibly done it all in less than 90 minutes.
The person who committed this crime must have a plan and know the exact layout of the crime scene before committing the crime, this suggest a planning of sort.
Question 3.) Repeat Offender?
It is likely that the offender has done this before, either that or they were law enforcement, know enough to have the ability to rape and kill 4 girls without a hitch and also in and out in just 90 minutes max.
On the other hand, there are always an off chance these people are newbie killer who just got lucky, but how many of these case it can be?
Question 4.) Modus Operandi
From the crime scene photo (The one with the lobby) you can see the chair is neatly put on top of table bar the one nearest to the counter, suggested that there were people sitting there last (before the crime being committed) the can of coke and the till being open with a no-sale hit at 2303 suggested that the person or people responsible for this crime started this by trying to buy a can of coke near closing and uses the button to open the till, which give us the time of money being taken at around 1103pm. Also this indicate the person know how POS system in the yogurt shop works. Because it would not make sense for any of the employee to open the till with a no-sale button, they would have received the money and key in the sale to open the till or not open the till at all. So, either it was the people who responsible who press this button and open it or ask Eliza (who was the supervisor) to open it that way.
Once the till open, the perpetrator probably asked everyone to move onto the back room behind the counter and asked all 4 girl to undress, then tied them up and rape them, then executed them and stack them up one after another. (Quite straight forward because you cannot rape these people when they are stacked on top of each other). Then I will speculate that Amy somehow survive the bullet to the head, crawl away from the pile (So she probably the last one shot or last one being throw to the pile) and one of the perpetrator found her still alive, and shoot her over the head using a .38, most likely the guy with the 22 is now preparing to clean the crime scene and setting the scene alight.
Then the suspect light the fire and escape thru the back door.
Question 5.) How many perpetrator?
More than 1, any number between 2,3 and 4 will be suitable. The crime can be committed with just 2 men, if they have a look out or helper, it would have been 3, 4 is unlikely, because the more people inside the shop the more possibility there will be evidence left behind.
More than 4 is impossible, because we can almost be certain the killer/killers were sitting on that booth there, and you cannot sit more than 4 people on that booth.
I would say 2 + 1, judging from the scene and the witness testimony, 2 men committed this crime, and maybe 1 man outside act as a look out (The man acting suspicious by the former cop). Then 2 of his accomplice walk into the shop and he escape thru the back and act as a look out. Because if he did come back from the toilet, it would most likely arouse suspicion from the girl.
No more than 2 people are inside the shop when this crime happens.
Question 6.) Are the 4 suspects involved?
Highly unlikely, these 4 suspect is teenagers and this crime is almost perfect crime in term of crime scene management, this incline to suggest persons or people who committed this crime have a sort of control of the crime scene and maturity to analyse and digest the situation.
Teenagers tend to point to a thrill crime. usually won't care about consequences, they may start fire but they would most likely made mistake. Judging from the execution of this crime, it's unlikely a couple of teens could have pull that off.
Also, the DNA excluding all 4 suspect. Someone has raped Amy, but that someone is not any of the 4 suspects.
Question 7.) How are we going to catch the person.
The best bet is the DNA evidence, assuming the authority have already tested it with the CODIS system, it meant the offender(s) had not committed any crime between then and now, which either mean the offender either is already in jail before October 1998 before CODIS system was online nationally.
Another reason is that the offender(s) may have already been dead, hence no DNA was implemented in the CODIS system
Another possible explanation is that the offender(s) have not been committing any crime or had committed other crime but have not yet been caught. Hence the explanation of no CODIS match as of today.
So, the best bet is to either look back at the crime committed between Dec 1991 and Oct 1998 to see if any of the person who are arrested for whatever reason, have not made any DNA Deposit and if the suspect have a violent history or similar background or suspected in similar case, then do a DNA match of him to the case, and you will get the answer.
Or look at similar outstanding incidents between 1991 and now, match the case detail to the case.
Another factor I would want to address is that the person or people who are responsible to the crime is likely to have lived or worked in the area, since I don't believe this is a chance robbery turn rape turn murder. Meaning the people responsible for this must have know this establishment before and see the girl before, most likely a previous customer to the establishment or somehow know the girl work there.
Other Aspect
In Other aspect section, we discuss other issue and some personally thought about the case
1.) Why the 2 suspects conviction being overturned?
It have nothing to do with whether or not they have committed the crime, it have to do with how the trial proceed with the 2 suspects that put on trial. Since the two suspects was put on trial was convicted over the other person statement and under US Constitution, the 6th Amendment given the right for the accused to front the accuser, however, in the Texas States, in this case, the two suspect cannot face each other because both were accused of the same crime, and thus, unless one of the suspect plead guilty, Texas Court does not allow two suspected to be tried on the same case, meaning, barring the other suspect from testifying the other, which, directly violate the constitution right guaranteed by 6th amendment. Thus, the trial is flawed.
However, the case was dropped against the two suspect because they are ruled out by DNA evidence.
2.) Other related cases.
Some people have been speculated the person or people committed this crime has committed similar crime before, most noticeably the Las Cruces bowling alley massacre
https://en.wikipedia.org/wiki/Las_Cruces_bowling_alley_massacre
Most importantly, there are similarity between the two case, both have a 22 cal weapon involved, and both have people rounded up and executed in the back of the head, both are unlikely robbery target, and both time the perpetrator set fire to the location after the crime to conceal the crime.
However, on a personal level, I don't believe it is the same people who committed that crime responsible for the Yogurt Shop Murder.
3.) Criminal Profiling.
After an extensive studies of this case, I have gather a general profile on the suspect(s) of this case
They are aged between mid-20 to late 40
There are more than 1 perpetrator
The perpetrator are local
The perpetrator have prior record of Theft, Rape, Assault, Murder or all of the above.
The perpetrator uses a car to commit this crime.
The perpetrator have scout the location prior
The perpetrator most likely committed some minor offence immediately or not long after this crime
The Perpetrator most likely educated, understand police work and basic forensic
So, this is this week's case, please contribute and I will keep the discussion on for 7 days, and then we will see if we have enough idea to push toward a new direction. Please contribute to this case. Thank You
Ok, I hope you guys have had your work cut out with the last case, because, this case, is quite a gem on crime solving, in fact, this crime remain unsolved for 26 years and counting. Today, there is still a task force within Austin Police Department dedicated to this case. So, that will let you have a grim taste of how tough this case is.
This case is also extremely violent, and sad, because 4 little girls was raped and killed and then burn alive on the scene. So, here I am introducing you with this real case - Austin Texas Yogurt Shop Murder.
Before we begin, I am going to lay down a few ground rules about this case. Instead of a free for all, this case I will group the discussion into several categories of question so as to discuss the new possibility and aspect of the case, also, I don't have time to get a run around with the other issue which as an investigator myself don't think it's relative to the case.
This case will be presented with ALL FACTS, I will, however, include an "other" sections so we to discuss the possibility of this case being done in a way relating to other crimes and also, add some additional info on the case. Since this is an ongoing investigation, A LOT OF FACTS were withheld, so basically, I will tell you whatever I know about this case, and you will know what I know, so please, do not ask question that it was not covered in the case (because by the end, you will know as much as I know, so no point asking me if you didn't know the info yourself.)
Sound interesting? Let's Begin, but first, let's take a moment and pay tribute to our victim in this case.
Amy Ayers - 13 Years Old
Eliza Thomas - 17 Years Old
Sarah (15 Years Old) and Jennifer Harbison (17 Years Old)
-------------------------------------------------------------------------------------------------------
Date : Dec 6, 1991
Location : I Can't Believe It's Yogurt Shop, located at 2949 W. Anderson Lane, Austin Texas
2D- Map of the location today
3D - Map of the Location Today.
Victims : 4 - Eliza Thomas (17) Jennifer Harbison (17) Sarah Harbison (15) and Amy Ayers (13)
Perpetrator(s) : Unknown (estimate 2 - 4)
Case Detail : On Dec 6 1991, Friends Eliza and Jennifer was working the dead end shift (Closing shift) of the yogurt shop in Austin Texas, the shop is supposed to close at 2300 (11pm) and between 1030 (When one of the parent check on the girls) 2 other girls (Sarah and Amy) joins Eliza and Jennifer and help the 2 close the shop, the 4 were planning on a sleep over on the Harbison Residence, they were last seen alive at that point.
By 2347 (11:47pm) a passing Police Cruiser notice smoke coming out of the Yogurt shop and called for Fire Department, Fire department arrive 6 minutes later, found the shop locked from the Inside, Firefighter break down the door and extinguish the fire. Afterward, notice Amy Ayers feet sticking out of the charred ground with 2 bullet wounds on her, and subsequently, the Fire Fighter discover the gruesome scene of mass murder of the 3 other girl in the back room, with each girl undressed, tied and gagged with their own clothes, shot in the head once and stack on top of each other.
Police declare this a crime scene no long afterward, and investigation went into effect.
Crime Scene : Each of the girls was shot once, with the exception of Amy, whom was shot twice, also 3 of the girls was located inside the back room near the back door, the office next to it was locked. The safe inside the office is untouched. However, the money in the till is missing, estimated at $540, the fire was started in the back and progress into the front of the shop which accounted for the relatively undamaged shop front
The till was opened and an unopened can of coca cola was on the counter. The "No-Sales" tab was pressed to open the till at 11:03 according to the point of sales operating system.
Witness Statement : No witness witnessed the crime or seen anything where the crime was being committed, however, several witness come forward to testify on strange occurrence to the shop before the crime being committed
Witness 1 : A former police officer, he was in the shop at about 2200 (10pm) saw the 4 girls is still alive, he saw a man standing in the queue acting suspicious, the man keep asking other people to jump ahead of him, and he was looking and acting nervous, by the time it was the witness turn, the man ask him to go ahead, the witness refused. The man, according to the witness, then ask for a cup of soda, and went into the back area. When the witness ask Eliza (Who was on the till) where the man gone, Eliza reply he gone to the toilet (which is behind the counter and outside of the office) The witness waited for a while, by the time the witness left, he did not see the man came back from the back.
Witness 2/3 : A couple entered the shop near closing (cannot remember the exact time) and notice 2 men sitting in the booth closest to the counter and drinking soda, feeling uneasy, they left without purchasing anything, nor did they witness the 2 girls (Amy and Sarah) enter the store or was already at the store.
Parent of the Deceased had visited the store sometime between 2130 to 2200 (9:30 pm to 10 pm) the parent was checking on the girls and leave without seeing anything suspicious.
Time Line :
between 9:30 - 10:00 pm - Parent check on the girls hang out for a bit and left the shop
10:00 pm - Witness 1 saw the suspicious man
10pm to 11 pm - Witness saw 2 men on the corner booths
10pm to 11 pm - Amy and Sarah enter the Shop
11:03 pm - Till opened with No Sales
11:47 - The shops is first noticed to be on fire
11:54 - Firefighter arrived
About Mid-Night on Dec 7 - Crime Scenes established.
Facts :
All 4 girl was shot in the head with a .22 cal bullet, with the exception of Amy whom was shot with a .22 and a .38 bullet
At least 2 firearms was used (.22 and .38)
All 4 girls was naked, undressed, and tied and gaged with their own clothes.
Amy and Sarah was confirmed to be raped, no trace in Eliza and Jennifer
Amy was found lying on the side away from the piles of bodies with hand stretched forward.
Till was opened at 11:03 with about $540 taken away, safe in the office was not broken into.
Front door was locked from the inside.
Fire started near the back room area and accelerant was used.
DNA extracted from Amy Ayers body. Which does not match any of the suspects in this case.
Suspects :
Of the 432 person of interest was interview, there were 4 suspects have reach trial stage, the 4 were friends to each other, 2 of the 4 was charged and tried and convicted, but have its conviction quashed in appeal.
Suspect 1 : Maurice Pierce (Deceased)
Was 16 at the time, he was considered a suspect for the crime. He was found to be in procession of a .22 firearms and banished it in a nearby mall a few days after the murder, the .22 pistol turns out NOT to be a match of the one that killed the 4 victim. He was arrested and indicted for the charge, grand jury due to other suspect testimony , however, have not been able to indict Pierce due to lack of Evidence
Maurice was killed in a Police Shoot out in 2010 with an unrelated incident.
Suspect 2 : Robert B. Springsteen Jr
17 at the time of this crime, he was arrested in associated with the murder, he subsequently confessed to the crime in 1999 and subject to the trial. He was convicted to the murder and sentence to life in 2001 but an appeal stated his right have been violated granted him a retrial and subsequently he was cleared by DNA evidence.
His confession can be seen here
In his confession, he confessed to shooting Amy and Raping Amy (Amy was the only girl shot by a 38) But he later recanted this confession and he was clear with DNA evidence found on Amy does not match him
Suspect 3 : Michael J. Scott
Michael Scott was 17 at the time, he was confessed to killing one of the girl (not specified) with a 22 cal revolver. He was later charged, convicted to the crime, and sentence to life in Prison. His conviction was overturned because of his right was violated during the trial and he was let go with not enough physically evidence.
His confession can be seen here
In his confession, he confessed to shooting at one of the girl (unnamed) and he claim Maurice have given him a gun to do the deed, and he was reluctant to do so and was threaten by Maurice on "Either she or him"
His confession and his trial was later thrown out of court and his charge was later dropped in 2009 for lack of evidence.
Suspect 4 : Forrest Wellborn
Was 15 at the time of this crime, he was alleged getaway driver of this crime, his role was implicated by both Scott and Springsteen Confession, he was put in front of a grand jury and failed to indict him because of lack of evidence. He was not charged with the crime and he maintain he was not involved in the crime throughout
------------------------------------------------------------------------------------------------------
Above is the case presented in facts, below is the process and observation as well as the direction of the case, please contribute your through on each point (And to the point only) for the purpose of this discussion. I will also provide my observation and speculation along with the question so to stimulate the answer.
Question 1.) The Motive??
I found it strange for anyone to rob a yogurt shop for money, it may be a crime of opportunities but still, at that time of night, it's uncommon to case out a yogurt shop for a few hundred bucks to rob, that does not make too much sense for me.
So, if the motive is not money, then it must have been either the business or the girls. The business is not likely a target, because it is a franchise, unless there is someone who is not really going along with the "I can't believe it's yogurt" brand, I think it's safe to say the motive is the girls.
Which mean one or all of them are targeted and killed. Who is the question here? We know that Amy and Sarah are most definitely raped, the other two girl was too burn to do any test on it, which mean it could be a person or group of people happened to be at the vicinity and saw the girls, and think at this late at night, they can get away with raping these girl and they go and do it.
Question 2.) Pre-Planned or Chance?
It does not looks like the crime is a crime of opportunities, from the last witness seeing they were alive to the fire is only about 90 minutes, so for 90 minutes, you have to round up the girls, strip them naked, tied them up, raping at least 2 of them, killing all 4, douse the place with accelerant, torch the place and then getaway, there are multiple thing this could have gone wrong and if they had not had experience on this, the perpetrator cannot possibly done it all in less than 90 minutes.
The person who committed this crime must have a plan and know the exact layout of the crime scene before committing the crime, this suggest a planning of sort.
Question 3.) Repeat Offender?
It is likely that the offender has done this before, either that or they were law enforcement, know enough to have the ability to rape and kill 4 girls without a hitch and also in and out in just 90 minutes max.
On the other hand, there are always an off chance these people are newbie killer who just got lucky, but how many of these case it can be?
Question 4.) Modus Operandi
From the crime scene photo (The one with the lobby) you can see the chair is neatly put on top of table bar the one nearest to the counter, suggested that there were people sitting there last (before the crime being committed) the can of coke and the till being open with a no-sale hit at 2303 suggested that the person or people responsible for this crime started this by trying to buy a can of coke near closing and uses the button to open the till, which give us the time of money being taken at around 1103pm. Also this indicate the person know how POS system in the yogurt shop works. Because it would not make sense for any of the employee to open the till with a no-sale button, they would have received the money and key in the sale to open the till or not open the till at all. So, either it was the people who responsible who press this button and open it or ask Eliza (who was the supervisor) to open it that way.
Once the till open, the perpetrator probably asked everyone to move onto the back room behind the counter and asked all 4 girl to undress, then tied them up and rape them, then executed them and stack them up one after another. (Quite straight forward because you cannot rape these people when they are stacked on top of each other). Then I will speculate that Amy somehow survive the bullet to the head, crawl away from the pile (So she probably the last one shot or last one being throw to the pile) and one of the perpetrator found her still alive, and shoot her over the head using a .38, most likely the guy with the 22 is now preparing to clean the crime scene and setting the scene alight.
Then the suspect light the fire and escape thru the back door.
Question 5.) How many perpetrator?
More than 1, any number between 2,3 and 4 will be suitable. The crime can be committed with just 2 men, if they have a look out or helper, it would have been 3, 4 is unlikely, because the more people inside the shop the more possibility there will be evidence left behind.
More than 4 is impossible, because we can almost be certain the killer/killers were sitting on that booth there, and you cannot sit more than 4 people on that booth.
I would say 2 + 1, judging from the scene and the witness testimony, 2 men committed this crime, and maybe 1 man outside act as a look out (The man acting suspicious by the former cop). Then 2 of his accomplice walk into the shop and he escape thru the back and act as a look out. Because if he did come back from the toilet, it would most likely arouse suspicion from the girl.
No more than 2 people are inside the shop when this crime happens.
Question 6.) Are the 4 suspects involved?
Highly unlikely, these 4 suspect is teenagers and this crime is almost perfect crime in term of crime scene management, this incline to suggest persons or people who committed this crime have a sort of control of the crime scene and maturity to analyse and digest the situation.
Teenagers tend to point to a thrill crime. usually won't care about consequences, they may start fire but they would most likely made mistake. Judging from the execution of this crime, it's unlikely a couple of teens could have pull that off.
Also, the DNA excluding all 4 suspect. Someone has raped Amy, but that someone is not any of the 4 suspects.
Question 7.) How are we going to catch the person.
The best bet is the DNA evidence, assuming the authority have already tested it with the CODIS system, it meant the offender(s) had not committed any crime between then and now, which either mean the offender either is already in jail before October 1998 before CODIS system was online nationally.
Another reason is that the offender(s) may have already been dead, hence no DNA was implemented in the CODIS system
Another possible explanation is that the offender(s) have not been committing any crime or had committed other crime but have not yet been caught. Hence the explanation of no CODIS match as of today.
So, the best bet is to either look back at the crime committed between Dec 1991 and Oct 1998 to see if any of the person who are arrested for whatever reason, have not made any DNA Deposit and if the suspect have a violent history or similar background or suspected in similar case, then do a DNA match of him to the case, and you will get the answer.
Or look at similar outstanding incidents between 1991 and now, match the case detail to the case.
Another factor I would want to address is that the person or people who are responsible to the crime is likely to have lived or worked in the area, since I don't believe this is a chance robbery turn rape turn murder. Meaning the people responsible for this must have know this establishment before and see the girl before, most likely a previous customer to the establishment or somehow know the girl work there.
Other Aspect
In Other aspect section, we discuss other issue and some personally thought about the case
1.) Why the 2 suspects conviction being overturned?
It have nothing to do with whether or not they have committed the crime, it have to do with how the trial proceed with the 2 suspects that put on trial. Since the two suspects was put on trial was convicted over the other person statement and under US Constitution, the 6th Amendment given the right for the accused to front the accuser, however, in the Texas States, in this case, the two suspect cannot face each other because both were accused of the same crime, and thus, unless one of the suspect plead guilty, Texas Court does not allow two suspected to be tried on the same case, meaning, barring the other suspect from testifying the other, which, directly violate the constitution right guaranteed by 6th amendment. Thus, the trial is flawed.
However, the case was dropped against the two suspect because they are ruled out by DNA evidence.
2.) Other related cases.
Some people have been speculated the person or people committed this crime has committed similar crime before, most noticeably the Las Cruces bowling alley massacre
https://en.wikipedia.org/wiki/Las_Cruces_bowling_alley_massacre
Most importantly, there are similarity between the two case, both have a 22 cal weapon involved, and both have people rounded up and executed in the back of the head, both are unlikely robbery target, and both time the perpetrator set fire to the location after the crime to conceal the crime.
However, on a personal level, I don't believe it is the same people who committed that crime responsible for the Yogurt Shop Murder.
3.) Criminal Profiling.
After an extensive studies of this case, I have gather a general profile on the suspect(s) of this case
They are aged between mid-20 to late 40
There are more than 1 perpetrator
The perpetrator are local
The perpetrator have prior record of Theft, Rape, Assault, Murder or all of the above.
The perpetrator uses a car to commit this crime.
The perpetrator have scout the location prior
The perpetrator most likely committed some minor offence immediately or not long after this crime
The Perpetrator most likely educated, understand police work and basic forensic
So, this is this week's case, please contribute and I will keep the discussion on for 7 days, and then we will see if we have enough idea to push toward a new direction. Please contribute to this case. Thank You