By Matthew Ablon
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TARRANT COUNTY, Texas (KTVT) — Tanner Horner pleaded guilty Tuesday to killing 7-year-old Athena Strand, abruptly ending what was expected to be an emotional capital murder trial in Tarrant County and shifting the case directly into the sentencing phase, where jurors will now decide whether he should face the death penalty.
Horner was accused of killing Strand in Wise County on Nov. 30, 2022. An arrest affidavit said he was working as a FedEx delivery driver when he went to the girl’s home to deliver a package containing a Christmas gift. Investigators say Horner accidentally struck the child with his delivery truck while backing out of the driveway.
Authorities allege Horner told investigators that Athena did not appear seriously injured but said he panicked, placed her into his van and strangled her out of fear that she would tell her father what had happened.
Horner was subsequently tracked down through digital evidence that day.
Two days later, Strand’s body was found about 9 miles away from her home, southeast of Boyd.
Horner was indicted on Feb. 16, 2023, for aggravated kidnapping and capital murder of a person under the age of 10.
Wise County District Attorney James Stainton previously said he intended to seek the death penalty. Horner originally pleaded not guilty to aggravated kidnapping and capital murder in 2023.
Horner, in the end, pleaded guilty to two counts: capital murder and aggravated kidnapping.
Jury deciding Horner’s sentence After Horner entered his plea, judge George Gallagher ordered a brief five-minute recess. After that, Horner’s defense raised concerns about how a good portion of the observers in the courtroom wore pink in support of Strand. Gallagher however, did not see an issue.
The plea was formally entered in front of the jury when they entered, and Gallagher told jurors the trial now moved into deciding his punishment.
Prosecutors, defense make opening arguments Opening statements were then shared, with the prosecution warning jurors about potentially graphic content, including video and audio expected to last for about an hour. They also set an emotional tone, saying that delivery drivers typically bring “joy and happiness” in their job. Prosecutors also said the jury would hear and see what “a 200-pound man can do to a 67-pound child” and that the first words Horner said to Strand were “Don’t scream or I’ll hurt you”.
Prosecutors also argued that Horner’s actions were premediated because he ensured he had the same FedEx truck each day. They also noted that Strand’s body was found in water at BoBo Crossing in Wise County.
Horner’s defense team responded with their case, saying that his parents struggled with substance abuse; Horner’s mother, they noted, also worked as a stripper until he was born. They also said Horner, who lives with autism and had a history of mental illness, lacked access to services until he turned 18 years old. Horner was also reportedly exposed to high lead levels.
The defense also claimed Tanner was expected to “push through” to succeed, but did not. They also asked the jury to fully consider the evidence and asked for a life sentence without parole.
A teacher opens up The first witness called was one of Strand’s elementary school teachers, Lindsey Thompson. Thompson shared that she “adored” Strand, who loved drawing, writing, and coloring, someone Thompson said was a “typical 7-year-old girl” and a “true gem” who was “always smiling”. Thompson said Strand would speak her mind and stand up for herself.
The prosecution asked Thompson about the last time she saw Strand in November 2022. Thompson recalled that her students, including Strand, were excited for Thanksgiving and getting ready for the school’s Christmas program. She also discussed Strand’s final journal entry for class, which she read the day after Strand was found.
Thompson said Strand’s entry was about being safe and staying away from strangers. It was part of a Red Ribbon Week activity focused on safety. The entry included an illustration she had colored.
Thompson recalled that, after the girl had a rough day with listening that was discussed in a note to her parents, that she Strand “I love you and we will have a better day tomorrow.”
“Did you have a tomorrow?” the prosecution asked.
“No,” Thompson responded emotionally. “I did not.”
In the wake of Strand’s death, Thompson said her students felt the impact. She said they knew “something was wrong” and that the classroom felt heavy. Fighting tears, Thompson said she went back to class the Monday after Strand’s death because her students needed her. Support counselors were also brought in, she said, and activities were used to help the children handle the grief.
A break was called at 10:25 a.m. Court resumed at 10:42 a.m., with Thompson taking the stand again while the prosecution examined her.
Thompson said children at ages six and seven don’t process grief well. The activities they took part in were aimed at helping them do that.
Thompson, who has now been teaching for 12 years, said her career is now divided into two parts: “before Athena and after Athena”. Thompson said she now worries more for her own children, and that the impacts of Strand’s death still linger. Through tears, Thompson said her husband and her made a special mailbox set up near her classroom to write letters to Strand as a way to process her death and express themselves. Thompson said students of all grade levels shared letters, but that when the mailbox was moved into the classroom, it became a grim reminder of what happened to her. The mailbox was instead moved to the school’s front office.
Thompson estimated more than 100 letters were shared just before school let out for winter break.
Thompson also opened up about her emotional struggles, saying she’s spent hours in therapy. While she had lost two students back-to-back prior in her career, Strand’s death impacted her the most.
The defense asked Thompson about when she checked Strand’s journal after Strand was found. She also shared more about Strand, saying the girl opened her heart and arms up for another student who had unique needs. She was then dismissed from the stand by Gallagher.
Athena’s stepmother takes the stand The prosecution then called to the stand Elizabeth Ashley Strand, Athena’s stepmother; she goes by Ashley. She was initially asked questions about the property her family lived on, then asked to share more information about the family. Ashley also said a photo of Athena wearing a red bow in her hair was taken shortly before her death.
Ashley said her stepdaughter came to live with them after Athena’s mother Maitlyn Gandy, who lives in Oklahoma, became sick. The girl moved in with them in May of 2022. What was initially planned as a summer stay extended, with Athena starting school three months later and ultimately staying with them. Ashley said she had known Athena since the girl was about a year-and-a-half old. She tearfully shared that one of her favorite photos of Athena had her covered in mud after playing outside with Ashley’s daughter, recalling her stepdaughter was “so excited to have this little worm”.
Prosecutors discussed the pants Athena wore when she was abducted; Ashley identified them positively, a pair of blue jeans with flowers embroidered on them.
Ashley was asked to recall the day Athena went missing. She said she was cooking dinner while waiting for the kids to get back from playing on their property and with nearby family members and while her then-husband Jacob – Athena’s father – was out hunting. She realized, however, that after dinner was done that her stepdaughter wasn’t where she expected her to be: sorting her clothes in her bedroom. Ashley called her sister-in-law to see if her stepdaughter went to her house, but she hadn’t. She also checked a favorite tree on the property to see if Athena was there.
When she didn’t find Athena there, Ashley called the authorities. The family also began searching all over the property, with Ashley initially believing the girl was hiding.
Ashley laughed a little as she described her stepdaughter as “wild”, saying Athena loved running around in the country. But she tearfully said it sank in that Athena was missing when helicopters started flying over the property.
Prosecutors asked Ashley about a Walmart box that was also on the property, which was delivered the day Athena went missing. It was addressed to Ashley and delivered by FedEx; she said inside were Barbie dolls meant as Christmas gifts for Athena, and that the box was left by an abandoned trailer that was on the property.
Ashley recalled where she was when she learned Athena was dead. She said she was with Jacob and Maitlyn at a nearby church.
“I lost it,” she said.
She also was shown a black-and-white photo of Athena in the FedEx delivery truck with Horner; Athena was wide-eyed while Horner drove.
Ashley tearfully confirmed it was Athena, saying “I know my little girl” in response.
Ashley said Athena’s killing affected the family; she and Jacob are no longer married, and she said her daughter now runs and hides if she sees delivery drivers. Ashley said her daughter also has nightmares and has seen, at age 14, impacts to her education.
“I’m not the same. I don’t trust anybody,” Ashley said of herself through tears.
The defense then questioned Ashley, asking her again to affirm information about the property.
She was excused from the stand by Gallagher, with a brief recess called at 11:46 a.m.
Akin called up After the recess, the next witness was called at noon: former Wise County Sheriff Lane Akin, who retired in 2024, about two years after Athena Strand was killed.
Akin, who was sheriff from 2016 until 2022, was cross-examined by the defense to review a set of prosecution exhibits: photos potentially taken by one of his deputies from the property during the search. He was also questioned about who handled the photos before being passed on to the prosecution. He affirmed the photos were genuine and recognized the property. He also noted he was not at the scene at the time of the investigation in 2022.
However, the defense argued Akin couldn’t definitively testify to the photos’ accuracy. The objection was overruled.
Akin was then formally brought on as a law enforcement witness. He noted that during his long career in the field, he’s handled several cases involving missing children. He outlined protocol for what law enforcement agencies do to handle the search and provide assistance for families.
The former sheriff said he was alerted to Strand’s case around 7 p.m. the night she was abducted. Akin drove back to Wise County from Llano after he was told she hadn’t been found within a two-hour window.
Akin was asked about who all helped with the search for Strand on December 1, 2026. In addition to sheriff’s deputies, Texas Rangers, Fort Worth Police, Highway Patrol and game wardens, he said citizens brought out dogs and four-wheelers to help look for her.
“It was shoulder-to-shoulder,” he said, remarking he was told roughly 300 people had registered with emergency management for the formal search effort. He also noted the search began on the property and moved to a nearby church and firehouse.
Akin said several investigators worked a lead when they learned about the FedEx package delivery as the investigation picked up speed. The Wise County Sheriff’s Office, by then, had set up a command center at the nearby fire station, which now included coordination with the FBI along with other agencies. Akin said Horner was taken into custody and search crews moved to locate Strand. He said her body was found in the Trinity River that evening, at BoBo Crossing several miles away from home.
Akin was the one who notified Strand’s family that she had been found in the river. He said he was able to get his eyes on the scene before returning to the church to share their finding.
“It’s a hard thing to do,” he said as his voice cracked with emotion. “But I was focused on that family.”
A one-hour lunch was called at 12:45 p.m. Akin was excused from the stand after court returned to session.
FBI agent testifies After the lunch break, FBI Special Agent Patrick McGuire was called to the stand. He affirmed that local agencies, like the Wise County Sheriff’s Office, would often call on the FBI for help with cases involving missing people. McGuire said he was called by another agent at the scene of Strand’s disappearance and asked to track down who delivered the FedEx package.
McGuire said he and a team were able to determine the package came from Perot Field Fort Worth Alliance Airport. He said a manager they met with was able to determine the route and the company contracted by FedEx to handle the delivery. McGuire said the manager called Horner on speakerphone to ask about the route and if he made a delivery to Strand’s home; Horner, according to McGuire, said he didn’t recall the address.
McGuire said he and a team approached Horner after locating him. Horner dropped a package, McGuire said, and was startled by the team. McGuire said during their in-person discussion that Horner then recalled the address after driving by the scene and that he remembered seeing a vehicle – an older green Astrovan missing a lower panel on the driver’s door – leaving from there around the time he supposedly made his delivery. That information was shared with authorities set up at the command post in case the details were true. McGuire also noted that Horner became emotional about Strand’s death.
However, McGuire noted that a search for the van Horner described turned up nothing. McGuire and the investigation team later got more information about Horner’s deliveries, including an apparent 30-minute time gap between deliveries. McGuire and the team got back in contact with Horner, who told them he had felt sick and had to throw up along a roadway before continuing his route.
McGuire then noted that Horner told him the rear end of his FedEx truck had hit a tree on the Strand property, but he didn’t see any visible damage and left. That was something McGuire said seemed odd. McGuire then said investigators learned the truck was equipped with an inside camera that was recording, and that they requested access to the footage along with records tied to the delivery at the Strand property.
McGuire said the package was delivered, but not marked as such within the records. There were also a few more packages that were not marked as delivered. He also noted that Horner never admitted to him, at any time, that he was involved with Strand’s disappearance.
After McGuire was dismissed from the stand, Judge Gallagher called for a recess until 9 a.m. on Wednesday, April 8.
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