Athena Strand murder trial: Key takeaways from the Tanner Horner punishment phase

The sentencing trial for Tanner Horner will pause Friday, with court proceedings scheduled to resume Wednesday morning. The state rested its case in the punishment phase after presenting graphic evidence of the final moments of 7-year-old Athena Strand’s life. 

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 will decide if Horner will face life in prison or the death penalty.

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

Day 8: Jurors see video of Athena Strand’s death inside FedEx truck

What we know:

Thursday marked the most emotional day of the trial as jurors listened to audio of Horner strangling the child inside his delivery van. Before the recording was played, the judge issued a stern warning regarding its graphic nature. The audio, which was not included in the court’s public livestream, captured Strand asking Horner where he was taking her and talking about her school and teacher before she became frightened. 

Athena’s family chose to leave the courtroom before the video was played, while several jurors were seen weeping as the room was silent. 

Horner was observed watching the video intently before leaning forward and turning his head away as the struggle began.

The jury also viewed video from the day after the disappearance, showing Horner returning to the area where he kidnapped the girl. The footage shows Horner stopping to speak with a woman after encountering scores of vehicles and volunteers searching for the missing 7-year-old. 

Earlier in the day, the victim's father, Jacob Strand, testified about the permanent impact the murder has had on his family.

Day 7: Athena Strand’s mother testifies; killer's DNA detected on sexual assault swabs

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 for Christmas lights. 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: Male DNA detected on Athena; sexual assault victims speak out

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.

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: Medical examiner testifies; jailhouse letters revealed

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. 

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: Details of the FedEx ‘abduction van’ emerge

Jurors watched 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 3: Interrogation footage shows Horner asking for release

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.

Day 2: The introduction of Tanner Horner's alter ego ‘Zero’

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."

Day 1: Tanner Horner pleads guilty

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.

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.

The Source: The information in this story comes from trial testimony and past news coverage.

Athena StrandFort WorthCrime and Public SafetyWise County