Tanner Horner Trial Day 2: Jury expected to be shown interrogation video

FORT WORTH, Texas - After a shocking guilty plea on Tuesday, the punishment phase for Tanner Horner will continue Wednesday morning.

Horner pleaded guilty to capital murder and aggravated kidnapping in the 2022 death of 7-year-old Athena Strand.

Horner, a delivery driver, took Strand into his van and strangled her while delivering a package to her home on Nov. 30, 2022.

The jury will decide if Horner will receive the death penalty or life in prison without parole.

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FOX 4 will have gavel-to-gavel coverage of the trial.

Wednesday's court proceedings are expected to begin around 9 a.m. 

The jury is expected to be shown hours of video of Horner's interrogation. 

Day One Recap

What Happened:

The long-awaited trial opened on Tuesday with the shocking news that Horner pleaded guilty.

During opening statements, the lead prosecutor told the jury to "buckle up" for what will be disturbing evidence. He 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.

The prosecution says audio from Horner's van captures interactions with the 7-year-old.

"First thing Tanner Horner says to Athena when he picks her up. Puts her in that truck, leans down, and he says, don't scream or I'll hurt you," said prosecutor James Stainton. "I’m going to tell you right now. One thing you’re going to hear that is something you can’t unhear is the level of fight that a seven-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."

The prosecution claims they have DNA evidence from Horner underneath Strand's fingernails and "places where you shouldn't find DNA." 

The defense did not argue that Horner is innocent, but argued against the death penalty.

Lawyers told the jury that Horner has Asperger's, that his mother drank while pregnant and that he was exposed to lead as a child.

"Tanner unfortunately also suffered various mental illnesses throughout his life. He’s been diagnosed and received treatment for and some of those are ongoing. You’ll hear about those issues," said defense attorney Steven Goble.

Athena's teacher, stepmother and members of law enforcement also took the stand.

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.

Former Wise County sheriff Lane Akin testified 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. 

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, McGuire 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 van.

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

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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