LIVE | 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

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 body was found in an area of the Trinity River called Bobo Crossing, which is about 6 miles away from her home.

He recalled meeting with her 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 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.

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 done, 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 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 Athena's final school journal entry, which was about "Stranger Danger." Thompson also described Athena as a free spirit who spoke up for herself. She loved to dress up and was excited about school and other activities.

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.

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.

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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