Procedural hearing set in capital murder case against Athena Strand suspect

Hearing set in capital murder case of Athena Strand

The capital murder case against Tanner Horner, accused of the 2022 kidnapping and strangulation of 7-year-old Athena Strand, is heading to a procedural pretrial hearing on Monday as the trial approaches its scheduled 2026 start date.

WISE COUNTY, Texas - After three years with little movement, the capital murder case against Tanner Horner is scheduled for court on Monday for a pretrial hearing. Horner is accused of kidnapping 7-year-old Athena Strand from outside her Paradise home and strangling her in November 2022.

Legal experts say the case will likely be emotionally charged once it reaches trial.

Tanner Horner

Pretrial Hearing

What we know:

According to an arrest affidavit, Horner confessed to accidentally hitting Athena with his FedEx delivery truck while working as an independent contractor, panicking afterward and killing her. Athena’s body was found two days after she was reported missing.

Athena Strand

Horner has pleaded not guilty to capital murder and kidnapping. Wise County Sheriff Lane Akin has previously said prosecutors will seek the death penalty.

Legal expert weighs in

What they're saying:

"It’s going to be a very emotional case, because it’s the murder of an innocent child," said defense attorney Toby Shook, who is not involved in the case. "It’s upsetting, but also very upsetting for jurors."

Shook said the nature of the allegations will almost certainly factor into the prosecution’s strategy.

"Murder of a child is horrible, but this was strangulation," he said. "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."

Focus of Monday's hearing

Dig deeper:

Monday’s pretrial hearing is expected to focus primarily on procedural matters, including evidentiary objections.

"I think the defense will make objections to certain pieces of evidence," Shook said. "Either tomorrow, or a day soon after, they’ll want a hearing to hear from witnesses if they want to keep something out."

Shook said jury selection will be a critical phase for both sides.

"All they need is one person who holds out or convinces others," he said. "The state has to find 12 jurors they feel confident will find the defendant a continuing danger based on the evidence."