Athena Strand Murder: Judge denies defense motion to delay trial

A judge has denied a request to delay the trial of a former FedEx driver who is accused of kidnapping and killing a 7-year-old girl in Wise County.

Pretrial Hearings

What's new:

Monday was the first of several pretrial hearings for Tanner Horner’s capital murder trial.

Those hearings are expected to continue over the next two weeks as both sides review the evidence and testimony that may be presented during the trial next April.

During Monday’s hearing, Judge George Gallagher denied the defense team’s motion to delay the trial but said he might revisit it later. He then agreed to listen to six hours of interviews to rule on a defense request to suppress all or part of those interviews.

Prosecutors also trimmed their list of 100 witnesses down to 60.

Athena Strand’s Murder

The backstory:

Horner is charged with capital murder for 7-year-old Athena Strand’s death in 2022.

According to police documents, Horner confessed to accidentally hitting Strand with his delivery truck in her family’s driveway.

Horner reportedly told police he panicked and killed the little girl.

Her body was found two days later on a roadside.

Related

Tanner Horner pleads not guilty to killing, kidnapping Athena Strand

According to an arrest affidavit, Horner confessed to accidentally hitting Strand with his van while delivering a package to her home in Wise County in December 2022.

Horner pleaded not guilty to capital murder and kidnapping.

Wise County Sheriff Lane Akin previously said prosecutors will seek the death penalty.

Legal expert weighs in

What they're saying:

Toby Shook, a criminal defense attorney not involved in this case, shared his thoughts on how he thinks the trial will play out. He believes the nature of the allegations will play a role in the prosecution’s strategy.

"It’s going to be a very emotional case, because it’s the murder of an innocent child. It’s upsetting, but also very upsetting for jurors," Shook said. "Murder of a child is horrible, but this was strangulation. You’re face-to-face with the eyes of your victim, and it takes a while to strangle someone. I’m sure they’re going to bring that out."

The Source: The information in this story comes from Monday's pretrial hearing, as well as past news coverage and a recent interview with attorney Toby Shook.

Athena StrandCrime and Public SafetyWise County