Episode Transcript
Welcome back to part three of our series about the Austin yogurt shot murders.
We will finally be talking about how this case was solved.
And then things got really ridiculous because in October of two thousand and three, several months after the charges were dropped against Maurice, they decided to charge Michael Scott's best friend Patrick Davison on the charges of being an accessory after the fact, failing to report a felony, making a false statement, and obstruction of justice because during his original confession, Michael had claimed that he had given Patrick a paper bag containing the pistol used in the murders and told them to hide it.
And I know that after Michael confessed, he supposedly called Patrick and told him to tell police about the gun if they asked.
And Patrick was questioned by investigators a few days later, and he recalled that, oh yeah, I kind of remember back in nineteen ninety one, Mike gave me a paper bag and I threw it in a trash container at his apartment complex.
But he kept changing his story over the next few years.
He said he couldn't really remember, and then when Mike went on trial, the official story presented was that Patrick had tossed the three eighty gun into Lake Austin.
So by the time Patrick was indicted on these new charges, he finally said that, no, Michael never gave me a gun.
I did not dispose of it.
But they pretty much told him that you could face twenty years in federal prison and a million dollar fine if you go on trial.
So Patrick agreed to a plea deal in which he could plead guilty to lesser charges in exchange for only one year in prison.
And many people suspected that this was sour rapes, that because they couldn't get a conviction against Maurice Pierce, they were going after this so called accessory who had disposed of the murder weapon.
But now we know that these four guys didn't do it.
So Patrick never likely never got rid of a gun, and it turns out he accepted a plea deal and spent a year in prison for nothing.
Speaker 2This case is a nightmare.
But honestly, all of these innocent people being railroaded and they're thinking that they're getting some kind of justice, Like you really have to question if the investigators really and truly believe this.
You're trying to shore up your case more by going in charge of him like way after the facts.
I don't understand, is it because you couldn't get convictions with Maurice and Forrest that you're just trying to make it look like this is a real sure thing, that like you did the right thing and all of these people who are tangentially involved are then going to be held responsible.
It seems like overkill.
Speaker 1It pretty much was, yeah, that they were just trying to get vengeance on everyone they could.
And I couldn't even understand Patrick's decision because he's pretty much told you can face twenty years in prison, but if you plead guilty, you'll only get one year.
So even if he's innocence, he's probably thinking to myself, if I take a chance at trial, I've already seen two of my friends go to prison and one of them is on death row.
I'm going to take the plea even though it turned out all along that he was completely innocent and that this charge of him disposing of the gun was completely bogus.
So in two thousand and five, the United States Supreme Court had a new ruling that juveniles should not be executed for crimes they committed well under the age of eighteen, and since Robert had been seventeen at the time that the Yeowart Shop murders occurred, his death sentence was commuted to a life imprisonment.
But more things would happen with the case because it would be heard in front of the Texas Court of Criminal Appeals, and in May of two thousand and six they voted by a decision of five to four to overturn his conviction.
And in their eyes, the state's decision to use excerpts of Mike's confession at Rob's trial without having Mike testify violated the confrontation clause of the sixth Amendment of the Constitution, because the exact wording is quote in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against them.
And they figured because some light cannot be called to the witness stand to be questioned about things in his written confession, that meant that Robert received an unfair trial.
And the following year they did the exact same thing with Mike's conviction, where they said, because you presented Robert's confession is evidence, but you do not have Robert take the witness stand to be cross examined.
You did not receive a fair trial, so his conviction was also overturned.
Speaker 2Well, you've got the right to confront your accuser, so it kind of shocks me that they went ahead with that anyways.
Speaker 1Yeah, I was thinking that they should have looked this up before the trials and was not wasted everyone's time and stuff.
But it just seems like such a flag and violation that someone can make accusations against them and you can read their statement in court, but your defense attorney can't cross examine them and try to destroy their credibility.
Speaker 2I feel like we've all watched enough law and order by that point that you'd know that somebody can't just go ahead and say anything in a confession and without that cross examination option.
The fact that that wasn't brought up by the defense during the trial for either of them is shocking to me.
Speaker 1It is.
Yeah, I think they both got public defenders just because they were not wealthy people.
They couldn't afford hard price to attorneys, and they probably just didn't even think about that.
But I'm thinking that if they had gotten a more skilled lawyer, then the charges may have been dropped against them before they even went to trial, because if they couldn't use the other confessions, their case would have had some huge damage to it.
Speaker 2What year were these trials taking place?
Two thousand?
Speaker 1Ah, Yes, the first one was in two thousand and the next one was in two thousand and two.
Speaker 2I would just think from watching legal procedural dramas that just any average person by the year two thousand would think, Okay, like this is something that is necessary.
You got the right to confront your accuser.
And so the fact that not one but two lawyers, whether they're public defenders or not, that is so shocking to me that that wasn't addressed at the time.
That seems like that's ineffective.
Speaker 1Counsel pretty much.
Yeah, so they would have had lots of grounds in order to have their conviction overturns.
And I think that if they ever had gone to trial again, I think some lawyer would have represented them pro bono, thinking this case is outrageous and I want to help you guys.
Speaker 2Yeah, you'd think like the Innocence Project, any number of iterations of what the innocence project is in different states could have helped them out because it's very clear that the evidence here was very, very thin.
Speaker 1Pretty much.
Yeah.
So, back in nineteen ninety one, and even in nineteen ninety nine when they originally charged, the DNA testing in criminal cases was not yet a common thing.
So while both defendants were in prison and the defense said, can we test the DNA, and of course the state thought, well this could further our case, go right ahead and do it.
And of course this is going to turn out bad for them.
So the bodies have been set on fire, and because water had been used, a lot of the physical evidence was destroyed, so they were unable to get a full DNA profile, but they were able to get it by doing vaginal swabs, and since the evidence was going to contain mixtures of male DNA and female DNA, the an independent lab would perform y STR testing, which is short tandem repeat testing specific to the male Y chromosome.
So they wound up finding a semen sample from Jennifer's body and it actually matched the DNA of her boyfriend at the time, Sammy Buchanan.
But it turned out this was because they had consensual sex a couple hours before shift began at home.
But of course they found traces of Sammy's DNA on Sarah's body, which meant that someone else had raped her and then somehow transferred traces of Sammy's d DNA on to Sarah, so obviously the presence of his DNA did not mean that the perpetrator didn't leave it behind.
They also found a y sdr strand a male DNA on a vaginal swab taken from Amy, and of course she was thirteen years old at the time, so they're not going to use the consensual sex thing for her and say that it belonged to someone else.
And because they also found this same individual's DNA on Jennifer, they were able to establish that unlikely belonged to one of the perpetrators.
And surprise, surprise, it turned out that the DNA did not match Robert Michael forrest Or Maurice.
And of course, the state completely admitted their mistake and said they were wrong all along.
Speaker 2Not yeah, not a shocker.
Speaker 1No, Instead, they said that, oh, maybe these four men had a fifth conspirator who assisted with the crime, and he was the one who raped the girl and left the DNA behind, which the defense found completely ridiculous, saying that Robert and Michael made these very detailed confessions, yet they're somehow going to fail to mentioned that they had a fifth co conspirator, the.
Speaker 2Good old unindicted co conspirator slash ejaculator theory.
When it doesn't work out and they have those four, let's just add on that there's got to be another person, rather than examined that, Okay, these guys, they might be innocent.
It's like that whole sunken cost fallacy.
We've already put so much energy and time and our reputations into these cases that it's not possible that it could be somebody else.
What's more possible is there is an additional person.
Speaker 1What, Yeah, pretty much, we're just I've seen this in a lot of other cases where you talked about the unindicted co ejaculator, where they'll just say, oh, they still committed the murder, but they had this accomplice who committed the rape and left the semen behind, even though we've never mentioned this at all before this DNA testing.
So they will go to great lengths to avoid admitting the wrong and they would try another strategy like this because then they would say, oh, maybe it was cross contamination and the DNA belongs to an evidence to technician or something.
Well, the defense tried to call their bluff because they kind elected DNA samples from pretty much everyone who was at the crime scene that night, like the firefighters, the police officers, the evidence technicians, former employees from the shop, even friends and acquaintances of the victims, and the DNA match none of them.
So it seemed pretty clear cut that this DNA sample belonged to the real perpetrator, and because it did not match any of the four defendants, that means that they couldn't have done it.
So finally, they had been in jail like for years waiting for this DNA testing.
But in October of two thousand and nine, the state finally said, well, with the evidence we have, there's no way we can take Michael or Robert back to trial again, so we're finally going to release them and drop the charges.
But by this point they had been locked up for ten years, and it took forever to reach this point, and at.
Speaker 2This point it's not like they're saying that they're innocent, So to be able to go after the state and to get any kind of compensation would be exceedingly difficult.
Speaker 1Would it not pretty much?
Yeah, I was just going to talk about that.
They tried to seek compensation for the wrongful convictions, but they technically weren't exonerated.
They only had the charges dropped, so they pretty much the court says, we cannot give you compensation until you prove your innocence, and even though we have DNA that does not belong to you, there are all these other possibilities like you having an accomplice, which means we can't prove you didn't do it.
So they were pretty much trapped in limbo.
And even though they are often listed on websites like the Innocence Project, they were still recognized by the law ask convicted murderers until they finally resolved this case a month ago.
Speaker 2That is so wild to me.
The system is totally rigged to think that these individuals can do all of this time behind bars, and you essentially have to prove that you're innocent, which is damn near impossible unless you find out who the actual killer is.
But to task a person who you've wrongfully incarcerated with something so weighty when investigators couldn't even figure it out, prosecutors couldn't figure it out, but you're going to expect this person.
In order for them to become an exonery, they've got to solve the murder.
Like the burden is insane.
Speaker 1That's pretty much it, because by that point they were released, it was eighteen years since the crime was committed and they still had not found the real killers.
But it became apparent that the only way they would ever be officially exonerated is if they finally identified who was the source of that DNA.
And there would be a sad PostScript to Maurice Pearce because since he was released in two thousand and three after the charges were dropped, he apparently became very paranoid that the Austin police route to get him and would do something bad to him as revenge for not being able to get a conviction.
So on December twenty third, twenty ten, Maurice was pulled over for a seemingly routine traffic stop after he failed to properly stop at a stop sign, and while it was going on, he was speaking to his daughter in his solfe in the last words he said were quote, they're after me again, before telling his daughter he loved her and that he would never see her again before he hung up, and almost immediately Maurice attempted to flee the scene on foot until one of the officers, Frank Wilson, caught up with them and he struggle ensued, in which Maurice removed her utility knife from Wilson's belt and stabbed him in the neck, so Wilson responded by pulling out his gun and fatally shooting Maurice, and a toxicology report would show that Maurice had a blood alcohol level of zero point one point four at that time, which was over the legal a limit, and Wilson survived his injuries, and an internal investigation ruled that the shooting was justified, and even though conspirators have said that they deliberately killed him as revenge for the Yogurt shot murders, Wilson did say I had no idea who this guy was when I pulled them over.
I just thought it was a routine traffic stop and he ran away and attacked me unprovoked.
So I do believe him that the shooting was justified, that he had no choice.
But I think Maurice, because of all the paranoia and his mental health struggles from thinking that he was going to be re arrested for the Yogret shot murders at any time, just snapped and then just decided to attack this officer.
Speaker 2Oh, poor Maurice, And I feel bad for his daughter who's on the phone he's essentially saying goodbye.
It almost becomes like a self fulfilling prophecy that you believe that they're after you, and so you end up putting yourself in a situation where he could have got away without injury or without injuring somebody else.
But because he was so paranoid, and I'm sure all of those years that he had to deal with all of this is just such a weight on his shoulders, on his mental health.
To think that everywhere you look, when you're seeing police, you're seeing somebody who you think is there to screw you over.
They're there to throw you behind bars, they're there to hurt you.
It's just one of the tragedies of this story.
We see the deaths of Sarah, Amy, Eliza, and Jennifer, but then we also see this tragedy with Maurice, and and we see what happened with Forrest and Robert and Michael, and there's a lot of victims in this case.
Speaker 1Oh definitely, and just you can only imagine how the victims' families felt when Robert and Michael were released from prison.
I remember watching like a forty eight Hours episode from that era where they reported on the release from prison and they interviewed some of the victims' family members and they still said, we believe that these guys are guilty.
We don't care what the DNA says.
They confess, like how could they not have done it?
And of course you can't really blame them because they've been manipulated so much, told that we got the right guys, and now they're seeing them walk free from prison.
And one of the women who one of the family members who was most outspoken was Eliza's mother, Maria Thomas, where she went on this angry interview on forty eight Hours saying they've been released because they said the rights were violated, But what about my daughter's rights?
What about the other victims' rights?
Like who cares about them?
And even though like she's totally wrong on this, you could understand her frustration because she's probably not going to understand like why these people that she's been convinced are guilty are suddenly walking free.
And sadly, Maria wound up passing away in March of twenty fifteen at the age of sixty and was one of the parents who did not live long enough to finally see a resolution in this case.
Speaker 2It's so sad, like it's such a tragedy for all the families having to deal with this and not have this resolution.
I'm happy that the case eventually did get solved, but so many years went by and so many lives were destroyed in the process.
Speaker 1Yeah, and another one who passed away was Jennifer and Sarah's father, Michael.
He passed away last year in October of twenty twenty four, and he was the one who lost both of his children, his only children, and he died well less than a year before they finally had a resolution in the case.
And it just makes me so sad when I see the parents of missing and murdered children have to pass away without receiving conclusive answers.
Speaker 2We see it so often though, I think that the trauma and the physical at the emotional told that the death of a child takes specifically when it's an unsolved murder and when you have two daughters that have been murdered and you don't have a resolution and you don't have any kind of justice because you feel like these guys have been released.
I don't know how Michael viewed all of the evidence, if it was like these guys could be innocent, or if he believed that they were truly the guilty parties.
But it's so sad that he died just before the case was solved.
Speaker 1Yeah, it just so sad to see that.
But thankfully, I think they finally got more people in charge who finally stopped going with the mentality that these four guys did it and tried to look at other options and tried to figure out who actually committed this crime.
Because in twenty seventeen, the DNA sample from Amy's vaginal swab was entered into a public academic y SDR database from the University of Central Florida's National Center for Forensic Science, and it found up matching a male DNA sample which had been anonymously submitted into the database by the FBI.
It had no name attached to it, and the FBI declined to reveal the identity of the man because of privacy laws, but it could have belonged to a federally convicted offender.
But the big problem is that the DNA sample was not a complete profile because it only had sixteen markers, whereas whenever genetic genealogy is used to help solve a cold case, it usually involves DNA profiles which have between sixty seven and one hundred and eleven markers.
So even though this DNA sample matched the guy in the database, it could also potentially match thousands or even millions of individuals.
But they did perform further testing the FBI in twenty twenty and they were able to produce nine new markers on the sample, which brought it up to twenty five and this time they resubmitted it into the database to compare it to this offender, and one of the markers was not a match, so they were able to exclude this guy from being the perpetrator.
And you can see what's so frustrating about this, because even though this profile is good for excluding potential offenders, you can't really make a definitive match unless you have a lot more markers.
So it just seemed like they were back to square one.
Speaker 2Yeah, that must have been really disappointing.
They probably thought like we've got our guy here.
All we have to do is just wait for more sophisticated testing.
And then they had those twenty five markers and then they run it against him and it's not a match like that would be incredibly, incredibly deflating.
Speaker 1Well, thankfully they did not give up.
They still tried to use that DNA to try to match to an offender, and earlier this year they finally got a good break when they entered it into a database and it wound up matching DNA from another unsolved homicide which took place in South Carolina in nineteen ninety and they're thinking, well, this doesn't prove that who was responsible for this crime was the responsible for the yogurt chop murders, but if we keep looking at this lead, then we may have something to work with here.
So they found out that.
Eventually they solved this crimes from South Carolina and matched it to an offender named Robert Eugene Brashers.
But of course the problem was is that he had been dead since January of nineteen ninety nine.
So it turned out this guy was a serial killer, but at the time he died, they didn't know he was a serial killer, and in recent years, geneic genealogy has wound up matching him to so many different murders and he seems like a complete monster.
But the first known crime that Brashers committed was in November of nineteen eighty five in Port Saint Lucie, Florida, where he sexually assaulted a twenty four year old woman named Michelle Wilkerson, and when she tried to fight him off, he shot her twice in the neck and the head, and righteously she survived and managed to escape from him, and because of a bad break for him, he actually chased after on a beach and got his truck stuck in the sand, so by the time she was able to get help, he was still trapped there and they were able to cock him down and arrest him and charge him with attempted first degree murder, aggravated battery, and using a firearm.
He was convicted of the crime and wound up getting a rather light sense of twelve years imprisonment.
But even more frustrating is that he was released from prison on good conduct after only serving for less than four years and May in nineteen eighty nine.
And this is another thing that makes me tear my hair out, because if he had served the full twelve year sentence, he still would have been in prison in nineteen ninety one and the Austin yogurt shop murders never would have happened.
Speaker 2That is so ridiculous.
That is an incredibly violent defense.
And I'm sure that Michelle lived just by the skin of her teeth.
The fact that he only got a twelve year sentence for something so horrific.
Did you say it was two to the head and one to the neck.
Speaker 1Oh, one to the neck, yeah, two to the neck and one to the head.
Speaker 2Like that is incredible to look at that and go, oh, well, she didn't die.
Well, it's by the grace of God that she didn't die.
And do you know what an ended up happening to Michelle?
Speaker 1Not really, No, I haven't looked it up.
I hope she didn't live in too much terror, and if she is still alive, she must be horrified to discover that this was just the first of many, many crimes that this guy would commit, and that if he had not been released from prison early, many of these crimes could have been prevented.
Speaker 2And is it so frustrating too when it's a man that is committing violent crimes against women, and you put him behind bars and he's with a bunch of men, and he's on his best behavior.
And it's like, of course, he's on his best behavior.
He's a violent offender who commits these offenses against women and he's in a prison with a bunch of men.
Do you expect that he's then going to completely change up his mo and act like a monster.
No, he's probably going to be on his best behavior so he can try to get back out there and keep committing crimes.
Speaker 1And that's exactly what he did.
But he still tried to keep like a facade of being an ordinary family man, because shortly after he was released, he wound up getting married.
He had a daughter named Deborah with his wife in August of nineteen ninety one, and a later at a later point, he wound up adopting two other girls.
And I don't know how that happened.
A guy serving time for attempted murder managed to adopt a two other girls.
But I think he lived under a number of false names for a while, so maybe he was able to fool the adoption system.
But I know that his daughter Deborah is very open about talking about her father, like she didn't know him all that well, but of course she is horrified to discover what he turned out to become.
But it is chilling to me that he had his first daughter in August of nineteen ninety one, and then just four months later in December, he's murdering four teenage girls.
And you wonder, how could someone with a little girl at home, a little child like be able to do something like that to other people's children.
Speaker 2It's terrific, and it also makes you question the motivation of his adoption of those two young girls.
Speaker 1Yeah, exactly.
I mean, I haven't heard any details about him sexually assaulting her, but it might be because he died, because because before they got old enough.
But I think that if they had become teenagers or something, he might have done some horrific things.
But I think they were also saved from him because he would be arrested for some other crimes in late nineteen ninety one, like grand theft, auto, unlawful possession of a weapon, and theft.
And what's crazy is that he wound up getting arrested on December the eighth, nineteen ninety one in al Paso two days after the Austin yogurt shop murders, because I think he had been visiting his father in Arizona and he was pulled over near the Texas New Mexico border and it turned out he was driving a stolen car and he actually had the murder weapon from the yogret shop murders, and they pretty much when he was arrested and charged with the car theft, they gave the gun to Brasher's father, who held it for him while he was serving time in prison for this other crime, and then gave it back to him after he was released.
So it's crazy to me that they caught the offender only two days after the yogurt shop murders, had the murder weapon in their possession and didn't even know it at the time and actually just passed it around between numerous people.
Speaker 2Oh my god, how nineteen ninety one was that.
I would sure as hell hope that you're never going to see that happen today.
And I think just the policies around these types of things, like it seems wild to just give this weapon to his dad to hold.
Aren't you going to test this weapon and just see if there's anything else, like any other crimes that it could match ballistically, because if you look at this guy's criminal history, it's obvious that he's got a violent passed.
So there's a potential that you could tie him to a litany of other crimes with this gun, and you're just going to hand it over to his dad.
Speaker 1Yeah, It's like makes me wonder did none of these border patrol people in olpass so had they not heard about the Austin yogurt shot murders, this huge homicide that took place like a couple one hundred miles away, Like you would think that you would be on the lookout for anyone who was can carrying a firearm because this was an unlawful weapon.
It was not a gun that he was supposed to own, and they just give it back to his father, not realizing that it been used to kill like four girls two days earlier.
So he wound up serving five years in prison for a variety of crimes such as unlawful possession of a firearm and grand theft auto and was released in February of nineteen ninety seven.
Thankfully, his children only had to live with him for less than two years.
But his daughter Deborah has says that he had some unstable behavior, like one time he made a tape recording of himself making cuts on his neck and his arm with a saw just to see if he was capable of withstanding pain.
He just seemed like someone who had a lot of mental health issues, though I haven't heard anything about abusing his children, thankfully.
But the big breaking point came in January of nineteen ninety nine because he stole a car, and according to his family, he spent a lot of the time like traveling on the road as part of his job because he was in construction, So I guess he just randomly decided to steal a vehicle.
And they noticed it was in the parking lot of a Super eight hotel in Kennet, Missouri, and Brashers was staying there with his wife and three daughters.
And after the police broke down the door, they found him hiding under a bed with a loaded gun holding it to his head, and he started opening fire and said that I will kill myself and my family if he don't go away.
So there was a big police standoff for several hours with a bunch of negotiating going on, and he finally decided to release his wife and three children, but before police could go and arrest him, he shot himself in the head and he remained alive for six more days in the hospital, but finally passed away on January the nineteenth, nineteen ninety nine, and his death was ruled to be a suicide.
And at that time they knew of him as having one attempted murder under his belt and a lot of other crimes, but they did not realize that the guy was an horrific serial killer.
Speaker 2Wow, his life that he's lived and what he's been able to get away with, the fact that he had a daughter, the fact that he adopted two more right, that he had the murder weapon and was arrested two days after the yogurt shop burners, and it was just handed over to his father.
There's just so many shocking details about Brashers.
Speaker 1It is, and it's even going to get even more shocking because he pretty much nobody really knew who he was for the next twenty years.
He just kind of languished an obscurity.
But then they started using genetic genealogy in twenty eighteen, and that's how they were able to link him to a whole bunch of other unsolved homicides which had taken place in the United States during the nineteen nineties.
The first one they matched him to was the murder of a twenty eight year old woman named Jenny ZiT Ricky, who had been bludgeoned, raped, and strangled with pantyhose at her apartment in Greenville, South Carolina.
And he had left his DNA behind and they wound up linking it to him like nearly twenty years after he died.
And then they also linked him to the double murder of a mother and daughter, which took place in the town of Porridgeville, Missouri, in March of nineteen ninety eight.
The victims were thirty eight year old Sherry Sheer and her twelve year old daughter, Meghan, and both victims have been tied up and the twelve year old daughter, Meghan, was raped before Brasher shot and killed them both with a twenty two caliber gun.
And what's crazy is that he then drove across the state line into Dysburg, Tennessee, and broke into the home of a twenty five year old woman two hours after he committed this double homicide and tried to sexually assault her, but thankfully she resisted and he wound up fleeing the crime scene.
But he also would get linked to the rape of a fourteen year old girl in Memphis, Tennessee, which took place in March of nineteen ninety seven.
So they just kept linking using his DNA to link him to more and more crimes.
And because he spent a lot of time traveling, it just seems that he left his family at home, would drive to all these different states, select random victims, and then kill them or rate them, and then just go back to his normal life as a fan man.
Speaker 2This is almost looking like a Ted Bundy like crime spree pretty much.
Speaker 1Yeah, that's what he did.
He would just go to That's probably why he was able to get away with it, because he would go to all these different towns and cities they had no connection to and then immediately flee thereafter.
But the big difference is that Ted Bundy didn't have a wife and a bunch of children at home while he was doing it.
So it's just sonda crazy that he's living this double life and then just returning home saying, hi, honey, I've been on the road doing my construction stuff when he's actually been murdering and raping twelve year old girls.
Speaker 2Yeah, he's like a combination of BTK and Ted Bundy.
Speaker 1Yeah, pretty much.
So it would not be until September the twenty six, twenty twenty five, when the Austin Police Department finally announced that they had identified him as the perpetrator of the Austin yogurt shop murders.
They had been working on this case for a long long time.
Like I mentioned, when they entered the y str profile into a DNA database, it wound up matching the murder of Jenny's ZiT Ricky, which took place in South Carolina in April of nineteen ninety.
So they started looking at Brasher's profile and thinking, Wow, he definitely seems like the type of person who could have been responsible for the yogurt shop murders.
So they tried looking for other evidence to build a case against him, because obviously, because it only had twenty five markers, they could just use the DNA profile alone.
So they found out that there was some skin cells underneath Amy Errers's fingernails, and they didn't want to test this one for the longest time because it was so small that once they did testing, it would use the entire sample up, So they pretty much said, we have to make it count.
But they did the test on the skin and it wound up matching Brashers, and they pretty much said that the odds are two point five million to one that he's the source of this DNA.
So that just seemed like too much of a coincidence that we have these two separate DNA samples that were matching him.
Speaker 2E yeah, I think that those are pretty good odds.
Speaker 1And they finally got their One more piece of evidence is when they decided to do ballistics testing on a shellcasing from the three to eighty gun which had gotten caught in a drain on the floor in the back room of the yogurt shop.
And I didn't even notice this know this till this case, but there's actually a database called NIBBIN, which stands for the National Integrated Ballistic Information Network, and they decided to enter the shellcasing the ballistics information for it in the database and almost immediately got a match, and it wound up matching the weapon that Brashers had used to kill himself in the middle tel room in Missouri in nineteen ninety one, and that was pretty much like the bullseye where they have these two DNA samples and a ballistics test that matches the gun he used to shoot himself, and they were confident saying this is the guy.
Speaker 2Well, that is a pretty good piece of evidence.
I would say that beyond a shadow of a doubt, it's pretty clear that his Brashers.
It's just too bad that he wasn't alive to be held accountable for his crime.
Speaker 1It is a shame, yeah, that he pretty much did serve much time in prison.
He only served a few light sentences for the attempted murder charge and like the grand theft auto charge.
But of course this only opens up some unanswered questions.
I mean, for the longest time, I was convinced that two people had been responsible.
I thought it was the two men sitting at the table right before closing.
But they are absolutely confident now that Brashers committed this crime completely alone, because he never worked with an accomplice, and he doesn't match the description of the two men scene sitting at the table.
And it seems like, for whatever reason, he decided to use two separate guns.
The twenty two caliber weapon and the three eighty to commit this crime.
But I think alarm bell started going off my head when I watched the Yogurt Shot murders documentary and they didn't even mention the two men at the table, even though I expected this to be like one of the big leads that they would use to solve it.
So I have a feeling that while they were filming this documentary, they were pretty much much working on it and were convinced that Brashers was the guy.
They just couldn't publicly announce it yet, And they just didn't want to mention the two men because it now seems apparent that they're nothing more than a red herring and were probably just regular customers who left the shop right before closing and had nothing to do with it.
Speaker 2I think it's so easy, depending on the perspective you take, to go, okay, well, this table, the napkins haven't been filled, it hasn't been cleaned, the chairs aren't up on there, So two guys were seen there.
It seems logical that it would take two people to control four girls, so those guys are the likely the ones who did it, when in actuality, they probably left and the girls didn't have time to get to the table before Brashers came in did what he did, and like we mentioned earlier in the episodes that it seems to me personally that it would be pretty easy to control four teenage girls if you have a weapon, if you were threatening the lives of any one of them, especially, it makes it a lot easier when you tell those girls to strip down and then you bind them, so if they're to run out of there, they're not only really vulnerable because they're naked, but they're also bound, So could they even run, Like I don't know how their hands in their feet were bound or if it was just their hands, but either way, if you've got somebody that they clearly love, one either a friend or sister, who's being raped at that point in time, and you're saying I'm going to shoot her in the head if you don't comply, then I think you're going to get compliance from a lot of teenage girls.
Speaker 1And I think that's exactly what happened.
And we know that he had experienced at this sort of thing, he had killed and attempted to kill before.
And the back door was found broken open, so he probably got in that way We'll probably never know why he selected this particular yogurt shop, because that's probably the main reason it was so hard to solve this is he had no ties to Texas or to Austin.
He didn't know anyone there, like he was just on a road trip to visit his father in Arizona and decided, I'm going to stop here, I'm going to rob this random yogat shop, and I'm going to kill whoever's inside.
It's unclear if he knew that four girls were in there.
He might have initially only thought that there were two in there, Jennifer and Eliza.
But it's just crazy to me that he was just passing through.
He probably got out of Austin immediately thereafter, and as we just talked about, he got arrested at nerol Passo near the Texas New Mexico border two days later, had the murder weapon, but they just didn't put two and two together.
Speaker 2What's wild to me is that there seems to be no rhyme or reason for why he decides to kill, because we saw after Brasher's killed that mother and daughter, the thirty eight year old and twelve year old.
He then went a couple hours later and tried to sectually assault that twenty five year old wasn't able to perform when she got away or he ran out of the scene, he didn't kill her.
And then he also didn't kill that fourteen year old where he was tied to a rape or attempted rape with his DNA, So it's not like he killed in every scenario.
So it seems so extreme.
In a scenario where there's four, you got to wonder if his objective was to kill, was it to rape, was it for the money, was it for all three?
And if so, like in what order?
Speaker 1Yeah, And that's why it's such a bittersweet feeling that he can't be arrested to explain his side of the story about why he did what he did, because that's why I was kind of hoping he had an accomplice, because if he had an accomplice who was still alive, at least this person could provide some insight into how this crime was carried out.
But sadly, we're just never going to know.
And it's just one of those reasons why genetic genealogy is a godsend, because if they didn't have the ability to link unsolved crimes to suspects who were already dead, then this case would have been unsolved forever.
But because they had DNA and were able to link it to someone who died like twenty six years ago, we finally know who did this.
But and we've seen this with a lot of other cold cases, but it's just so frustrating when they're already dead and you just don't have any insight on why they did what they did.
Speaker 2And I mean, even if he buzz alive, it doesn't mean that we're automatically going to get any insight into why he did what he did, because what are the chances that he's going to take the stand and he might not want to give the families or the public the satisfaction of knowing the why and knowing what his underlying motivations are.
Some killers are happy to talk and they like the notoriety, but others don't and they're not going to give the public what they want or what the families feel like they deserve, which would be an explanation.
Speaker 1Yeah, pretty much like he maybe one of those people who just wants to torment the families just by not giving them any answers.
So we would probably never know because he only ever got arrested for one violent crime and an attempted murder, and back then he didn't have any confirmed murders under his belt.
But I'm interested to see if they link into any other crimes, because they have said that they've also got a DNA match from a crime that took place in Kentucky during the late nineteen nineties, and they don't want to specify any details about who the victim was or what happened because it's still an open investigation, but they did say that there are striking similarities to this Kentucky crime to the Austin yogurt chop murders.
So at the moment he has I think it's seven confirmed murder victims, at least one attempted murder victim, and a couple other victims who have been raped.
So it'll be interesting to see how many other crimes they will be able to link them to before they're done this investigation.
Speaker 2It sounds like there's really no limit to what this man could have done.
He doesn't seem to discriminate.
It seems like he'll commit crimes in every state, and I mean that has to have been part of his strategy, like you said earlier, the fact that he's doing this across county, across state lines, and the fact that in the nineties you aren't having law enforcement speak to each other and the way that they do now through all the different databases.
It was like in the early nineties you might not have people across county lines sharing stories.
So the fact that he did all of this separated by space and time, I think is probably what led to him not getting convicted or not getting tied to all of them.
And the fact that they involved strangers as well.
Speaker 1Yeah, pretty much.
And like so many people were investigated during the early stages of the case and they never paid close to this guy because he was not from out of state.
We had like people like Mexican bikers and a drag queen and people who were involved in Satanism who were investigated, but the real guy was like right near the Texas New Mexico board or under the nose all along, and they just never even looked at him because he was someone who was not familiar with the area and would just passed through states killing whoever he wanted to.
So we finally have a resolution in this case, and it'll be interesting to see what happens with Robert Springsteen, Michael Scott, and Forrest Wellborn, and obviously Maurice Pierce can't get any compensation because he's dead.
But we talked about how they could not get any compensation because they cannot prove they were factually innocent.
But now that they have linked the crime to a real killer, they will finally will be declared factually innocent and exonerated, and will be interesting to see how much compensation they get.
But man, this crime took place thirty four years ago.
They were arrested in nineteen ninety nine, so they have waited just so long for vindication.
Speaker 2Well, I truly hope that they get the compensation that they deserve because they are all victims and it changed the trajectory of every single one of their lives.
And the thing is this crime Brasher's selfishness, what he decided to do.
It changed the lives of so many people.
It's just so sad to think that it took this long to be solved.
Like you said, genetic genealogy is a godsend.
The fact that we're able now to be able to link these crimes to these partial profiles.
Of DNA and f of who these people are.
That was impossible years ago, but now the impossible is possible, and we're seeing a lot of cases get solved.
We're seeing John and Jane Does get their names back.
It's incredible to think what the landscape of DNA and what criminal investigation is going to be in the coming years.
Speaker 1Yeah, because this is one where I'd almost lost hope that it would get solved because they had evidence, but I just didn't know if they would have enough to link it to a suspect, but turned out they did.
And I also have a personal connection to this because two years ago I went to the True Crime podcast Festival in Austin, Texas, and whenever I attend these events, I often like to do my trail and cold episodes about cases from the host city.
And that's when I finally decided to do the Austin Yogurt Shop murders.
And I discovered that the strip mall where the crime took place was not that far from the hotel.
It was only a ten minute drive away, so I decided to pay it a visit.
And the yogurt shop is long on It's been replaced by a nail Slon, but they do have a memorial plaque for the four victims in the parking lot.
So I went over there and took a picture and send it to you on an email before we recorded this.
Speaker 2Yeah, I remember, it was like twenty twenty three, right, it was, Yes, Yeah, I remember when you went and you talked about going because I had a vague recollection of the case, but I obviously didn't know nearly as much as you did about it.
So it's really interesting that you were able to go there and you were able to see the plaque.
And it's haunting to think that the time passes and you know, structures are knocked down, we could very easily forget, but the fact that nobody forgot, everybody remembered.
Everybody still cared that Sarah and Jennifer and Amy and Eliza, that their memories were important to people, that their lives were taken too soon, and that people still doggedly pursued justice and the truth and in the end finding out that is the person who is responsible.
There's a resolution there, there is a type of justice.
There isn't a justice in that we get to punish him, but there's a justice in giving the family members who are surviving that information, and those who were rungfully convicted now can be exonerated and deemed factually innocent and hopefully get compensation from the state.
Speaker 1Yeah, it was heartwarming to see that these four victims were not forgotten.
And the whole thing has been such a wild ride because, like I mentioned, it started off with John Jones, who was a great investigator who wanted justice but just couldn't do it.
Then we had a bunch of bad, corrupt cops for the next several decades who botched the case.
But in recent years we have finally got some good cops again who were so devoted to finding the right killer and finally conclusively solving this one.
And I'm awfully glad that it did happen.
And on a side note, this is kind of a crazy coincidence, but the month after I went to the True Crime podcast Festival in Austin, I went to Crime con in Orlando and decided to visit the site of the Tommy Ziegler's furniture store in Winter Garden.
And it's kind of a crazy that both these old cases have had major developments in twenty twenty five.
Then I happen to go to these places within one month of each other.
And I know that Tommy's Eagler has a hearing in December, and with any luck, we might be revisiting that case on a future episode sometime next year if all goes well.
Speaker 2Well, I hope so, because that is somebody who I truly prayed that he's going to eventually get out of prison because I do not believe he's responsible for it, and that, as everybody who's listening knows, that is Robin's pet pet case.
And gosh, we went through that in our first six months probably of our podcast, and it was such a tangled web of a case.
It was so confusing, and it was like five parts and I think that we recorded them all in.
Speaker 1One day we did back in the pandemic when you and I and actually had enough time to speak for five hours about one case.
Speaker 2Oh my gosh, that was crazy, Like that was unhinged of us pretty much.
Speaker 1Yeah, we should never do that again, never again.
Yeah.
But it's great to see the Austin Yogurt shot murders for falsely Q suspects finally achieve vindication this year, So hopefully the same thing will happen for Tommy Ziggler, So time will tell there.
So, any final thoughts on the Austin yogurt shot murders.
Speaker 2No, I think I've said everything that I have to say about this case.
There's obviously there's always more, but you've given me a lot of interesting facts, things that I had no idea, and I'm glad that I didn't watch the documentary.
I'm glad that you were able to go through it all with me and take me on a really wild ride.
And I'm just truly, truly thankful the Brashers has been named as the perpetrator because it brings a lot of freedom to those wrongfully convicted, and it gives a name to be able to say that this is the person that did that to the girls, and for that reason alone, and for the peace of mind of the family members and the loved ones and the community and Austin as a whole, because this is a case that affected them all.
Everybody who lives there.
I'm sure who was alive around nineteen ninety one would have been affected by the yogurt chop murders.
So I'm really happy that there's a resolution and really thankful for genetic genealogy and all the work that investigators did behind the scenes here.
Speaker 1Yeah, definitely.
It's so surreal to see this one finally solved, because it has always been cited as one of the most heinous cold cases of the modern era.
So it's great to finally see a resolution and it gives me hope that no crime is truly unsolvable and that maybe some other high profile cases will finally have a resolution in the future.
So if you haven't watched the documentary, it's called The Yogurt Chop Murders.
It's available on HBO Max in the US and Prave here in Canada, and I highly recommend checking it out because you can finally get the faces to a lot of the names we've shared, and maybe one of those days they'll produce an additional episode which finally shows the ending and goes into more detail about Robert Eugene Rashers.
So that's about it for our extensive multi part series about the Austin yogurt shot murders.
Thank you so much for joining us, and we'll be back again next week to talk about another case.
Speaker 2Robin, do you want to tell us a little bit about the Trail Went Cold?
Patreon?
Speaker 1Yes, the Trail Cold Patreon has been around for three years now, and we offer these standard bonus features like early ad free episodes, and I also send out stickers and sign thank you cards to anyone who signs up with us on Patreon if you join our five dollars tier Tier two, we also offer monthly bonus episodes in which I talk about cases which are not featured on the Trail went Cold's original feed, so they're exclusive to Patreon and if you join our highest tier, tier three, the ten dollar tier.
One of the features we offer is a audio commentary track over classic episodes of Unsaved Mysteries, where you can downlo load an audio file and then boot up the original Unsolved Mysteries episode on Amazon Prime or YouTube and play it with my audio commentary playing in the background, where I just provide trivia and factoids about the cases featured in this episode.
And incidentally, the very first episode that I did a commentary track over was the episode featuring this case.
So if you want to download a commentary track in which I make more smart ass remarks about Jewel Kaylor, then be sure to join Tier three.
Speaker 3So I want to let you know a little bit about the Jeules and Nashty patreons, So there's early ad free episodes of The Path Went Chili.
We've got our Pathwent Chili mini's, which are always over an hour, so they're not very mini, but they're just too short to turn into a series, and we're really enjoying doing those, so we hope you'll check out those patreons.
Speaker 2We'll link them in the show notes.
Speaker 1So I want to thank you all for listening, and any chance you have to share us on social media with a friend or to rate and review is greatly appreciate it.
You can email us at The Pathwentchili at gmail dot com.
You can reach us on Twitter the Pathway.
So until next time, be sure to bundle up because cold trails and chili pass call for warm clothing.
Speaker 2Music by Paul Rich from the podcast Cold Callers Comedy
