FORT WORTH, Texas – The sentencing trial for Tanner Horner will resume on Wednesday, with the defense working to spare his life following the murder of 7-year-old Athena Strand in Wise County.
Horner previously pleaded guilty to capital murder and kidnapping in the 2022 death of the child, whom he admitted to abducting while delivering a package to her home on Nov. 30, 2022.
The jury must decide if Horner will spend the rest of his life in prison or receive the death penalty.
2 Days Off
What we know:
Jurors are getting Monday and Tuesday off while Horner’s defense team prepares to call their expert witnesses. Those experts must be qualified as bona fide experts, and that is done through sworn testimony outside the presence of the jury.
Jurors will return on Wednesday morning as the defense presents its case. During opening statements, Horner’s lawyer suggested jurors would hear testimony regarding his diagnosis of Asperger’s syndrome and other mental illnesses, as well as claims of fetal alcohol exposure and childhood lead exposure.
The state rested its case this past Thursday after presenting graphic evidence of the final moments of Athena’s life.
Trial Recap
Day 7 – Athena’s Mom Testifies:
Maitlyn Gandy, Athena’s mother, wore pink (her daughter’s favorite color) as she recalled their final moments together. Gandy testified that she told Athena she loved her during a quick drop-off at the girl’s father’s house, promising to see her that Friday. Upon learning of the disappearance, Gandy drove from Oklahoma to North Texas, describing the experience as a physical struggle to breathe. She broke down while explaining how she initially lied to Athena’s 3-year-old sister about the death because she did not feel strong enough to tell her the truth.
Gandy told the court she intends to be her daughter’s voice to ensure the world remembers her as a person, not just a headline.
Following her testimony, Texas DPS forensic analyst Kristen Cossota told the court that DNA profile samples from Horner could not be excluded from swabs collected in the child’s sexual assault kit.
Day 6 – DNA Evidence:
Jacqueline Ferrara, a former forensic analyst with the Texas Department of Public Safety, testified about DNA recovered during the investigation. Ferrara told the court that male DNA was detected on swabs from the child’s sexual assault kit, though she did not provide specific matches during that portion of her testimony.
A forensic analyst testified during Tanner Horner’s murder trial that male DNA was found on Athena Strand’s rape kit. FOX 4’s Peyton Yager has more on the second week of testimony in the trial deciding whether Horner will receive the death penalty or life in prison.
Analysts also confirmed the presence of blood under the girl’s fingernails and male DNA on her clothing. However, Ferrara noted the limitations of forensic timing, admitting that the exact age of a stain on the clothing could not be determined.
“It is an estimate. It is not an exact, precise calculation,” Ferrara said of the DNA quantification process. “But it is a very close, rough estimate of how much total human DNA is present in that sample and how much male DNA is present as well.”
Day 5 – Autopsy Report:
Dr. Jessica Dwyer, the medical examiner who performed the autopsy, testified that Athena died from blunt force injuries, smothering and strangulation. When asked if the child suffered, Dwyer replied, “Yes, I think she did.”
The jury also reviewed letters Horner allegedly wrote in jail prior to a suicide attempt. In one letter to the family, Horner claimed a mental breakdown caused the murder, while in a separate note to detectives, he provided a conflicting account claiming an unidentified man forced him to kidnap the girl.
A note allegedly written by Tanner Horner before a suicide attempt was shown to jurors on Monday during the second week of testimony in his trial for murdering Athena Strand. FOX 4’s Peyton Yager has more.
The day concluded with recordings of jailhouse phone calls in which Horner’s mother asked if the child died on her own. Horner replied, “No.”
Day 4 – Crime Scene Evidence:
Jurors watched more video of investigators questioning Horner about the location of the body. In the footage, Horner spoke as an alter ego he called “Zero,” claiming he dumped the child’s clothes along the highway because he “thought it was funny.”
A Texas Ranger testified that Horner would display a marked change in physical demeanor and roll his eyes back before switching personalities to “Zero.”
Day 4 of the Tanner Horner trial investigators break down key evidence in the case against Athena Strand’s confessed killer. FOX 4’s Dionne Anglin has more.
Day 3 – Interrogation Video:
Additional body camera footage showed Horner being questioned about the location of the victim’s body, which was discovered nude not far from her home.
During the interview, Horner asked investigators to let him out of jail for a month so he could spend Christmas with his family, promising to reveal everything in exchange for the temporary release.
Jurors in the Athena Strand murder trial were shown photo evidence and police interviews with confessed killer Tanner Horner on Thursday, the third day of the trial. FOX 4’s Peyton Yager has more.
Day 2 – Alter Ego:
Interrogation videos shown Wednesday revealed Horner’s violent alter ego. Authorities testified that Horner initially led them to the wrong location when asked where he left the body.
Investigators stated they were only able to locate the child after changing their tactics to address Horner directly as his alter ego, “Zero.”
Jurors in the Athena Strand murder trial watch Tanner Horner’s interrogation video with investigators today, one where he switched to an alternate personality named ‘Zero’. FOX 4’s Peyton Yager has more.
Day 1 – Guilty Plea:
The trial began with Horner’s surprise guilty plea. During opening statements, prosecutors described Athena as a “warrior” who fought with the strength of 100 men. The state alleged that audio from the van captured Horner telling the girl, “Don’t scream or I’ll hurt you,” and argued that DNA evidence was found under her fingernails.
The defense did not argue Horner’s innocence but focused on life in prison over the death penalty, citing Horner’s diagnoses of Asperger’s syndrome and other mental illnesses, as well as claims of fetal alcohol exposure and childhood lead exposure.
Jurors in the trial of Tanner Horner are left deciding if he will receive the death penalty after he unexpectedly pleaded guilty to murdering 7-year-old Athena Strand on Tuesday morning. FOX 4’s Vania Castillo has more.
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.
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.
Athena Alert
Big picture view:
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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