FORT WAYNE, Texas (Court TV) — Emotions ran high in a Texas courtroom on Tuesday as the penalty phase began for a man who admitted to killing 7-year-old Athena Strand.
Tanner Lynn Horner holds his hand to his face as Athena Strand’s stepmother testifies. (Court TV)
Tanner Horner was set to stand trial for Athena’s murder, but in the moments before proceedings began on Tuesday, he abruptly pleaded guilty to capital murder in the child’s death. Because prosecutors are seeking the death penalty for the defendant, the jury is still required to determine his sentence.
Prosecutor Patrick Berry laid out the case in his opening statement for the jury, telling them that Horner, who was working for a company contracted to deliver packages for FedEx, came across Athena before kidnapping her and killing her in his van. “You’re gonna hear what a 250-pound man can do to a 67-pound child,” Berry said. “And when I say it’s horrible, I mean it. I’ve been doing this 25 years and I promise you: buckle up.”
MORE | TX v. Tanner Lynn Horner: Murder of Athena Strand Trial
Berry said that among the evidence the jury will be shown is a recording from inside the van where Strand was killed. While the video was obstructed, the audio recorded what happened. “The one thing you’re gonna hear — that is something you can’t unhear — is the level of fight that at a 7-year-old girl has when she’s facing down certain death,” Berry said. “We talk about warriors in America. I’ll tell you, that little girl right there is a warrior. She fought with the strength of 100 men.” The jury saw a black-and-white image captured from that video showing Strand standing inside the van behind Horner.
A still from surveillance video shows Athena Strand inside a FedEx van with Tanner Horner. (Court Exhibit)
Elizabeth “Ashley” Strand, Athena’s stepmother, who first reported her missing, was emotional as she took the witness stand. She said that her other daughter, who is now 14, still runs and hides if she sees a delivery driver and suffers from nightmares.
Investigators described the onset of the search for Athena, with then-Sheriff Lane Akin choking up as he testified to telling the Strand family about finding the little girl’s body in a body of water about 15 miles away from her home. “It was heartbreaking, and they were just devastated,” Akin said. “I wish I could have done something to make it better. We were hoping, right to the last minute, that she was alive and well.”
FBI special Agent Patrick McGuire said that Horner gave investigators a number of different stories, first claiming he didn’t remember the house and then saying that he had abandoned his deliveries that afternoon because he had gotten sick. Records reviewed by investigators showed that the FedEx package left at the Strand’s home was the last package he delivered that day, though he never marked it as being delivered. Inside the package were Barbies Elizabeth Strand had ordered for the girls.
In his opening statement, Horner’s defense attorney pleaded for mercy on his client’s behalf, saying that he was born to an exotic dancer who drank alcohol while pregnant. He described the defendant as suffering from mental illness for his entire life, and also noted that he was exposed to lead as a child.
Horner’s penalty phase is expected to span two weeks.
