Tanner Horner Trial Day 8: Audio of Athena Strand's killing played for jury

FORT WORTH, Texas - The state wrapped up its case in the punishment phase of the trial of Tanner Horner. Horner pleaded guilty to capital murder and kidnapping in the death of 7-year-old Athena Strand. 

Horner admitted to kidnapping Strand while delivering a package to her home on Nov. 30, 2022. On Thursday, the jury heard audio from inside Horner's van while he strangled her.

Earlier in the day, Strand's father took the stand to talk about his his daughter's death affected him.

There will be no trial on Friday, Monday or Tuesday. It will resume on Wednesday morning.

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

Recap of Thursday's trial

It is yet another very difficult day in court for the jury deciding the fate of a confessed killer who kidnapped and strangled a seven-year-old girl. Athena Strand's father testified about his daughter's death, and the jury listened to audio of the murder itself, audio that was not played on the livestream of the proceedings.

Jurors see video from inside FedEx truck

It was the most difficult day of testimony by far. A video recording began with the judge issuing a stern warning about its graphic nature; that recording captured what happened to Athena Strand inside Tanner Horner’s FedEx truck. We will not show any parts of that recording. Athena's family chose not to be in the courtroom during this time. 

Several jurors were seen pulling tissues from a box, dabbing tears. Others can be heard sniffling and crying.

Horner starts off watching the video intently, then when Athena is in the truck, he leans forward, head in one hand. His body turns slightly away from the monitor.  Athena can be heard asking about items in the truck, saying, "Where are you taking me?"  She talks to him about her school, her teacher. He eventually stops, and she becomes frightened, and it grows worse from that point. During quiet parts, the court is void of sound, minus fidgeting, sniffling, and people shifting on the benches.

However, there is separate video captured the day after Athena went missing. It shows Tanner Horner returning to the same area where he’d kidnapped the seven-year-old. He encounters scores of vehicles and dozens and dozens of people searching for her. He stops when he can’t get through and talks to a woman.

• Tanner Horner: "Could you tell them I need to get through? There’s like people in a vehicle in the way. No, it’s up that way, I have more packages to deliver. That’s the only way. I’ve got more packages I need to deliver."
• Woman: "You can pull up and try to ask them if you can get through, but there’s been a kidnapping, so it’s all blocked off. You’ll have to pull up and ask them if they’ll let you through. There’s been a seven-year-old taken."
• Tanner Horner: "You serious? That’s what all this is for. Are you serious?"
• Woman: "Pull up and ask the officers if they’ll let you through. It’s all blocked off."

As we now know, Tanner Horner was pretending not to know what happened when he in fact had kidnapped and killed seven-year-old Athena Strand, as he has confessed. 

Jacob Strand testifies

Athena’s father, Jacob Strand, testified first this morning. He told the jury about his struggles since the murder and how his and his family’s lives are forever affected.

Tanner Horner Trial Daily Recaps

• Day 1 - Tanner Horner pleads guilty
• Day 2 - Tanner Horner discusses alter ego ‘Zero’
• Day 3 - Tanner Horner interrogation shown to jury
• Day 4 - Investigators share details about FedEx ‘abduction van’
• Day 5 - Phone calls with family members, ME testifies
• Day 6 - Women accuse Tanner Horner of sexual assault
• Day 7 - Athena Strand's mother testifies

Athena Strand's mother testifies

Maitlyn Gandy, Athena's mother, was dressed in pink (Athena's favorite color) as she took the stand to testify about her last moments with her daughter on Wednesday. She had dropped her off at her father's house for a visit.

"Do you remember the last thing you said to Athena?" the prosecutor asked.

"I told her that I loved her and that I would see her on Friday. We had a quick drop-off because her daddy was going to take them to the Christmas lights," she recalled.

Gandy talked about some of her favorite things, including movie and popcorn nights with her mom and being outdoors with her dad.

"Athena loved everything. She loved life," she said. 

After learning about her daughter's disappearance, Gandy said she immediately drove back to North Texas from her home in Oklahoma.

"It felt like I was dying. I couldn't breathe, but I knew I had to keep going. I almost tapped on the brakes because I thought I was having a heart attack. But I just told myself that if I kept going, it would be okay, and I would find her," she said.

She broke down when talking about how she later broke the news of Athena's death to Athena's 3-year-old sister.

"I didn't know how to tell her, and I didn't think I was strong enough to tell her. So I lied to her for a long time. I would tell her that she was just staying with her daddy for a little bit longer. And when she asked to FaceTime or to call her, I would tell her that she was at school or she was sleeping," Gandy said. "Until about a year ago, she didn't know the whole truth."

Prosecutors asked Gandy about the fact that she has made it a point to be at every single one of the court hearings.

"There were handprint bruises around my daughter's neck, and because she no longer has a voice, and I want people to know that she's not just some story, she's not just some number. She's not just some picture you see in a headline. She was loved. She is loved. And she is missed. And she was real. And she had a life, and she wanted to live. And no one can take that from her. Not a single person can take that from her. And I will be her face, and it will be her voice. And I will make sure that every person in this world knows that she was. And we want her in our lives," she said.

Gandy said she was given the opportunity to watch the video of what happened to her daughter but could only watch about a minute or two of it. She apologized to all the innocent people who had to or will have to watch it.

"Not anyone in this room besides Tanner Horner asked for what's on that video, and Athena definitely did not," she said.

Horner's defense did not ask her any questions.

"I am very sorry for your loss," said Steven Goble, Horner's defense attorney.

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

The Impact:

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.

Athena StrandWise CountyTarrant CountyCrime and Public Safety