LIVE: Tanner Horner trial: Delivery driver accused of killing Athena Strand

FORT WORTH, Texas - More than three years after the death of Athena Strand, the capital murder trial for Tanner Horner is set to begin.

Horner, a delivery driver accused of kidnapping and killing the 7-year-old after hitting her with his van in 2022, will stand trial in Tarrant County on Tuesday.

If found guilty, Horner faces the death penalty.

Watch Live Coverage

FOX 4 will provide live gavel-to-gavel coverage from inside the courtroom for the duration of the trial.

Tuesday's proceedings are expected to begin around 9 a.m.

Athena Strand’s Death

The backstory:

Horner is charged with kidnapping and strangling 7-year-old Athena Strand at her family’s Wise County home on Nov. 30, 2022.

Horner, a contract delivery driver working for FedEx at the time, was delivering what was meant to be a Christmas present for the young girl.

Authorities said Horner told investigators he accidentally hit Strand 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.

Strand 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.

Tanner Horner Trial

What we know:

Tanner Horner, 35, is charged with capital murder of a person under the age of 10 and aggravated kidnapping. He has pleaded not guilty to both charges.

If found guilty of capital murder, the jury would have to decide on the death penalty or life in prison.

The state is seeking the death penalty in the case.

Pre-Trial Motions

Dig deeper:

Horner's attorneys have filed several motions on his behalf, leading to multiple delays.

The trial was 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.

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

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

In March, Horner’s attorneys 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."

Athena Alert

The Impact:

After 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.