Tanner Horner pleads guilty to killing Athena Strand

FORT WORTH, Texas - More than three years after the death of Athena Strand, the capital murder trial for Tanner Horner began with a guilty plea.

Horner, a former delivery driver accused of kidnapping and strangling the 7-year-old after hitting her with his van in 2022, admitted to her capital murder in a Tarrant County courthouse on Tuesday morning.

The punishment phase of the trial began immediately afterward. Horner still faces a possible death penalty sentence. 

FOX 4 will provide live gavel-to-gavel coverage from inside the courtroom for the duration of the trial.

Live Updates

2:35 p.m. Testimony wraps up

Testimony is done for the day. Horner's trial will resume at 9 a.m. on Wednesday.

1:50 p.m. Agent testifies

FBI Special Agent Patrick McGuire was the final witness to take the stand on Tuesday. He said it's common for local agencies to request help from the FBI with missing child or kidnapping investigations.

He was assigned to investigate the package that was delivered to Athena's home around the time that she disappeared.

McGuire told the jury about his initial conversations with Horner on the phone while meeting with his boss at a company contracted to deliver FedEx packages. At the time, Horner said he didn't remember making a delivery at Athena's home.

But after the agents tracked Horner down to talk to him in person, McQuire said Horner admitted he did recall the delivery, claiming he saw a green van leaving the family's driveway and then claiming he went home sick after making the delivery.

McGuire warned other law enforcement officers to be on the lookout for a green Chevy Astro van, which he now believes never existed.

A few days later, the agent obtained dash camera video from Horner's truck, which showed Horner placing a small girl into the back of his FedEx fan.

12:50 p.m. Lunch break

Jurors are taking their lunch break. The trial will resume at 1:45 p.m.

12:41 p.m. Body found in Trinity River

The former sheriff testifies that Athena's nude body was found in an area of the Trinity River called Bobo Crossing, which is about 13 miles away from her home by car. Prosecutors have indicated there is DNA evidence of sexual assault. 

Sheriff Akin recalled meeting with Athena's family to let them know her body had been found. 

"It was heartbreaking," he said. "I wish I could have done something to make it better because, right to the last minute we were hoping that she was alive and well."

12:10 p.m. Sheriff Lane Akin

Wise County's former sheriff was sworn in to testify before the jury. He was the sheriff in office in November 2022 when Athena disappeared. He talked about his career experience with missing persons cases, as well as the initial steps that were taken in this case.

"I'll never forget the morning of Dec. 1, citizens came from all parts of Wise County to help us find that child. And we put them to work with our deputies, with our investigators, with our game wardens. It was shoulder to shoulder. We had what we estimated was about 300 citizens and they brought their 4-wheelers. Some brought horses. Some brought dogs," Sheriff Akin said. "I appreciate the fact that so many people came out to help us that day."

12 p.m. More photo evidence

While outside the presence of the jury, co-defense attorney Susan Anderson questioned retired Wise County Sheriff Lane Akin about video from inside Horner's truck and photos that were taken during the search for Athena. 

11:40 p.m. Photo shows Athena inside delivery truck

The state presented evidence that shows Athena inside Horner's delivery truck on the day that she disappeared. Her stepmother told jurors that there was no reason for her to be in that truck, and she did not have permission to be in the truck.

In the photo, Athena appears alert and unharmed, contradicting Horner's claims that he accidentally hit her with his truck and then killed her in a panic.

10:50 a.m. Ashley Strand testifies

Athena's stepmother, Ashley Strand testified about their family's home in the small city of Paradise, in Wise County. She said they lived in a rural area that didn't get much traffic.

She recalled cooking dinner with her toddler on the afternoon that Athena disappeared. Athena's father, Jacob, had gone on a hunting trip. Athena's older sister was at a relative's house nearby getting help with homework. Athena was supposed to be in her room doing laundry. But by the time dinner was ready to serve, the little girl was no longer in her room.

After searching the property for a while, Ashley Strand called the police.

"I thought maybe she was just hiding somewhere," her stepmom said.

The only thing she noticed that was unusual or out of place on the property was a package from Walmart containing Barbie dolls that she had ordered for Athena as a Christmas present. It had been dropped off in front of an abandoned trailer that was also on the property.

10:30 a.m. Recess

The court is in recess until 10:40 a.m.

10:25 a.m. Athena's teacher testifies

Paradise ISD teacher Lindsey Thompson was Athena's first grade teacher. She testified about the emotional toll the 7-year-old's murder took on her classmates.

"She was just your typical 7-year-old girl that loved life. She would come in with stickers on her hand. She loved to dress up. She truly was a free spirit. There's no other way to describe her," she said.

Thompson said Athena's final school journal entry was about "Stranger Danger." 

10:15 a.m. Defense gives opening statements

Steven Goble, Horner's defense attorney, talked about mental illness, lead poisoning, and brain damage while telling jurors they would be asked to spare Horner's life.

"Tanner's injury actually began before he was born. His mother, Melissa Horner, was working as a stripper when she was pregnant and the way she was able to get on stage to do her job was to drink alcohol. If you're exposed to alcohol prenatal, it doesn't have to be a lot, it could be in the first trimester," the public defender said.

The defense is expected to bring up an autism diagnosis.

"Tanner has unfortunately also suffered various mental illnesses throughout his life that he has been diagnosed and received treatment for. And some of those are ongoing. You'll hear about those issues," Goble said.

9:50 a.m. Prosecutor's opening statements

Watch a full video of the opening statements from Wise County District Attorney James Stainton for the punishment phase of Horner's murder trial. Jurors will have to decide if he should be sentenced to life in prison or the death penalty.

"The first thing Tanner Horner says to Athena when he picks her up and puts her in his truck, he leans down and says, ‘Don’t scream or I'll hurt you.' He says that twice. You're going to hear it. That's the first thing out of his mouth," the prosecutor said.

Stainton told jurors there is video from inside Horner's truck. Although the camera lense was covered, the audio is clear.

"I'm going to tell you right now. One thing you're going to hear this is something you can't unheard is the level of fight that a 7-year-old girl has when she's facing down a certain death. We talk about Warrior in America. I'll tell you that little girl right there is a warrior. She fought with the strength of 100 men," he added.

9:40 a.m. ‘Lie upon lie upon lie upon lie'

During opening statements, the lead prosecutor accused Horner of lying about everything except the fact that he killed Athena. He said the story Horner told investigators about hitting Athena with his delivery truck is untrue.

9:20 a.m. Guilty Plea

Once the jury was finally seated on Tuesday morning, Tarrant County Judge George Gallagher asked Horner to stand. 

"Mr. Horner, to the charge of capital murder, you may plead guilty or not guilty. What is your plea?" the judge asked.

"Guilty, your honor," Horner replied.

"Thank you. I will accept your plea," the judge said.

Athena Strand’s Death

The backstory:

Horner was charged with capital murder for the death of 7-year-old Athena Strand outside her family’s Wise County home on Nov. 30, 2022.

A contract delivery driver working for FedEx at the time, Horner was delivering what was meant to be a Christmas present for the young girl.

Authorities said Horner told investigators he accidentally hit Athena with his van while delivering a package to her home. She reportedly survived, but Horner told authorities he panicked and kidnapped her, later strangling her to death.

Athena was reported missing, and eventually an Amber Alert was issued, leading to 72 hours of searching. She was found dead in Boyd, Texas, not far from her family's home.

Tanner Horner Trial

What we know:

Tanner Horner, 35, was charged with capital murder of a person under the age of 10 and aggravated kidnapping. He initially pleaded not guilty to both charges.

Now that he has pleaded guilty to both charges, the jury must decide on the death penalty or life in prison.

Pre-Trial Motions

Dig deeper:

Horner's attorneys have filed several motions on his behalf, leading to multiple delays.

The trial was moved to Tarrant County because defense attorneys successfully argued Horner wouldn’t get a fair trial in Wise County, given the extensive media coverage of the case.

In December, Horner’s defense team asked the judge to throw out police interviews because of a possible violation of his Miranda Rights.

In January, Horner's attorneys filed 28 additional motions, including one to preclude the death penalty because they claim Horner has autism.

In March, Horner’s attorneys asked the judge to ban the terms "psychopath" and "sociopath." Their briefing states the terms are "unreliable due to their overwhelming rate of error, and their lack of acceptance in the relevant scientific community."

Athena Alert

The Impact:

After Athena Strand's case, Texas Legislators passed a new bill that created a version of an Amber Alert known as the ‘Athena Alert.’

The new law allows authorities to issue an Amber Alert for a missing child that doesn’t have to meet all of the initial criteria.

Under the Athena Alert law, an Amber Alert can still go out even though authorities haven’t confirmed a missing child was kidnapped.

The alert would be able to be sent out to a 100-mile area around the disappearance and adjacent counties.

DPS emphasizes that this is not a new type of alert. All alert messages will still be referenced as an Amber Alert.

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