Athena Strand Murder: Death penalty trial for Tanner Horner set for next week

Athena Strand murder trial set to begin next week

Next week, 34-year-old Tanner Horner is set to stand trial for kidnapping and strangling 7-year-old Athena Strand at her family's home in Wise County in 2022. FOX 4's Dionne Anglin breaks down key aspects of the case, including how defense lawyers are already looking ahead to the sentencing phase.

FORT WORTH, Texas - The trial begins next week for Tanner Horner, the former delivery driver charged with murdering 7-year-old Athena Strand in Wise County.

Attorneys are already looking ahead to the sentencing phase with a specific request to the judge.

Pre-Trial Motions

What's new:

The state is seeking the death penalty in this case. So, Horner’s attorneys are looking ahead to mental health expert testimony during the punishment phase. They’ve 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."

What they're saying:

Criminal defense attorney Russell Wilson is not affiliated with this case. But he has worked on both sides of the courtroom and shared his expertise.

"When we hear those terms commonly, they conjure up images of things or maybe experiences that might not necessarily be based in science and in evidence," he said. "If you boiled it all down and say, ‘Well, when you hear, if you hear a person is a sociopath, you necessarily envision him as having a greater future dangerousness.’ Which may or may not be the case."

Even if the judge prohibits those terms, Wilson thinks prosecutors will be able to pursue their goals.

"Many experienced lawyers can find acceptable terms to characterize what it is they are trying to convey," he said.

In determining if Horner should be put to death, key issues will involve his mental capacity and predictions about him posing a potential future threat to society, even if confined for life.

"It’s a broad scope of what’s relevant. In a circumstance like this, you may go all the way back to the person’s childhood. You certainly may wonder things about their mental health condition, and obviously, the impact on the family of the victim will also come into play. So there’s a whole lot to unpack there to try to reach the right decision in the case," Wilson said.

Athena Strand’s Murder

Courtesy: Maitlyn Gandy

The backstory:

Horner is charged with kidnapping and strangling 7-year-old Athena Strand at her family’s Wise County home in December 2022.

Authorities said Horner told investigators he accidentally hit the little girl with his truck while delivering a package to her home. She reportedly survived, but Horner told authorities he panicked and kidnapped her, later killing her.

In December, Horner’s defense team asked the judge to throw out all of those police interviews because of a possible violation of his Miranda Rights.

In January, his attorneys filed 28 additional motions, including one to preclude the death penalty because they claim Horner has autism.

The trial was also 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.