Tanner Horner trial focuses on death penalty, ahead of week two

FORT WORTH, Texas - Monday starts the second week of the capital murder trial of Tanner Horner, who pled guilty to killing a 7-year-old girl and dumping her body. 

FOX 4’s Vania Castillo sat down with an attorney to break down what should be expected in court in the second week.  

Sentencing phase focuses on the death penalty

What we know:

Tanner Horner, a former FedEx driver, pled guilty to killing 7-year-old Athena Strand after he delivered a package to her home. The trial is now about one thing: whether Horner should be sentenced to death.

Last week, the jury was presented with surveillance footage showing the alive in Horner’s truck as he drove away, even though he said he’d killed her in a panic after accidentally hitting her.

What they're saying:

Former Dallas County prosecuting attorney, Russell Wilson, who is not involved in the case, explained what the jury is faced with as we enter the second week of trial.

"The state kind of meticulously try to lay out their evidence. Remember, in a death penalty case, one of the issues that they're having to address is whether, or not, he's a future danger," said Wilson.

Jurors also saw interrogation video where Horner told investigators that he would give them information about the murder, in exchange for a month of freedom with his family. In an effort to be with them for Christmas. 

"I think that the state would argue that that shows a lack of remorse, and again, maybe shows a little bit of depravity in the mind," said Wilson. "Despite that gravity… He is still requesting to be able to be home with his family."

Evidence of "alter ego" and mental state

Dig deeper:

For the second week of trial, Wilson says he expects to see a shift from what Horner did, to who he is and what his mental state is like.

Horner told police he wasn’t the one who killed Athena, instead blaming an alter ego named Zero.

A sergeant with the Texas Rangers testified he’d get more information from Horner by asking Zero questions. That sergeant testified that Horner would roll his eyes back before switching personalities. 

Jury to evaluate "future danger" and remorse

"And so the turning of the eyes in the back of the head, you know, is that something that your brain does involuntarily, or is it something that occurs intentionally when you're kind of a precept to trying to engage in a pattern of deception?," asked Wilson.

Jurors are also expected this week to hear about a reported suicide attempt in 2023 and letters Horner wrote while in jail. 

Wilson says the jury will be left with a difficult decision, not about the past but rather, the future.

What's next:

Wilson also says that at the pace that this trial is currently going, he believes there could potentially be deliberations by the end of the week.