Tanner Horner pleaded guilty Tuesday, April 7, to killing 7-year-old Athena Strand, abruptly ending what was expected to be an emotional capital murder trial in Tarrant County and shifting the case directly into the sentencing phase, where jurors will now decide whether he should face the death penalty.

Horner was accused of killing Strand in Wise County on Nov. 30, 2022. An arrest affidavit said he was working as a FedEx delivery driver when he went to the girl’s home to deliver a package containing a Christmas gift. Investigators say Horner accidentally struck the child with his delivery truck while backing out of the driveway.

Authorities allege Horner told investigators that Athena did not appear seriously injured but said he panicked, placed her into his van and strangled her out of fear that she would tell her father what had happened.

Two days later, Athena’s body was found about 9 miles away from her home, southeast of Boyd.

Horner was indicted on Feb. 16, 2023, for aggravated kidnapping and capital murder of a person under the age of 10.

Wise County District Attorney James Stainton previously said he intended to seek the death penalty. Horner originally pleaded not guilty to aggravated kidnapping and capital murder in 2023.

Horner, in the end, pleaded guilty to two counts: capital murder and aggravated kidnapping.

Jury deciding Horner’s sentence

After Horner entered his plea, Judge George Gallagher ordered a brief five-minute recess. After that, Horner’s defense raised concerns about how a good portion of the observers in the courtroom wore pink in support of Strand. Gallagher, however, did not see an issue.

The plea was formally entered in front of the jury when they entered, and Gallagher told jurors the trial now moved into deciding his punishment.

Prosecutors, defense make opening arguments

Opening statements were then shared, with the prosecution warning jurors about potentially graphic content, including video and audio expected to last for about an hour. They also set an emotional tone, saying that delivery drivers typically bring “joy and happiness” in their job. Prosecutors also said the jury would hear and see what “a 200-pound man can do to a 67-pound child” and that the first words Horner said to Athena were “Don’t scream or I’ll hurt you”.

Prosecutors also argued that Horner’s actions were premeditated because he ensured he had the same FedEx truck each day. They also noted that Athena’s body was found in water at BoBo Crossing in Wise County.

Horner’s defense team responded with their case, saying that his parents struggled with substance abuse; Horner’s mother, they noted, also worked as a stripper until he was born. They also said Horner, who lives with autism and had a history of mental illness, lacked access to services until he turned 18 years old. Horner was also reportedly exposed to high lead levels.

The defense also claimed Horner was expected to “push through” to succeed, but did not. They also asked the jury to fully consider the evidence and asked for a life sentence without parole.

A teacher opens up

The first witness called was one of Athena’s elementary school teachers, Lindsey Thompson. Thompson shared that she “adored” Strand, who loved drawing, writing, and coloring, someone Thompson said was a “typical 7-year-old girl” and a “true gem” who was “always smiling”. Thompson said Athena would speak her mind and stand up for herself.

The prosecution asked Thompson about the last time she saw Athena in November 2022. Thompson recalled that her students, including Athena, were excited for Thanksgiving and getting ready for the school’s Christmas program. She also discussed Athena’s final journal entry for class, which she read the day after she was found.

Thompson said Athena’s entry was about being safe and staying away from strangers. It was part of a Red Ribbon Week activity focused on safety. The entry included an illustration she had colored.

Thompson recalled that, after the girl had a rough day with listening, which was discussed in a note to her parents, that she said, “I love you and we will have a better day tomorrow.”

“Did you have a tomorrow?” the prosecution asked.

“No,” Thompson responded emotionally. “I did not.”

In the wake of Athena’s death, Thompson said her students felt the impact. She said they knew “something was wrong” and that the classroom felt heavy. Fighting tears, Thompson said she went back to class the Monday after Athena’s death because her students needed her. Support counselors were also brought in, she said, and activities were used to help the children handle the grief.

A break was called at 10:25 a.m. Court resumed at 10:42 a.m., with Thompson taking the stand again while the prosecution examined her.

Thompson said children at ages six and seven don’t process grief well. The activities they took part in were aimed at helping them do that.

Thompson, who has now been teaching for 12 years, said her career is now divided into two parts: “before Athena and after Athena”. Thompson said she now worries more for her own children and that the impacts of Athena’s death still linger. Through tears, Thompson said her husband and she made a special mailbox set up near her classroom to write letters to Athena as a way to process her death and express themselves. Thompson said students of all grade levels shared letters, but that when the mailbox was moved into the classroom, it became a grim reminder of what happened to her. The mailbox was instead moved to the school’s front office.

Thompson estimated more than 100 letters were shared just before school let out for winter break.

Thompson also opened up about her emotional struggles, saying she’s spent hours in therapy. While she had lost two students back-to-back prior in her career, Athena’s death impacted her the most.

The defense asked Thompson about when she checked Athena’s journal after she was found. She also shared more about Athena, saying the girl opened her heart and arms up for another student who had unique needs. She was then dismissed from the stand by Gallagher.

Athena’s stepmother takes the stand

The prosecution then called to the stand Elizabeth Ashley Strand, Athena’s stepmother; she goes by Ashley. She was initially asked questions about the property her family lived on, then asked to share more information about the family. Ashley Strand also said a photo of Athena wearing a red bow in her hair was taken shortly before her death.

Ashley Strand said her stepdaughter came to live with them after Athena’s mother, Maitlyn Gandy, who lives in Oklahoma, became sick. The girl moved in with them in May of 2022. What was initially planned as a summer stay extended, with Athena starting school three months later and ultimately staying with them. Ashley Strand said she had known Athena since the girl was about a year and a half old. She tearfully shared that one of her favorite photos of Athena had her covered in mud after playing outside with Ashley Stran’s daughter, recalling her stepdaughter was “so excited to have this little worm”.

Prosecutors discussed the pants Athena wore when she was abducted; Ashley Strand identified them positively, a pair of blue jeans with flowers embroidered on them.

Ashley Strand was asked to recall the day Athena went missing. She said she was cooking dinner while waiting for the kids to get back from playing on their property and with nearby family members and while her then-husband, Jacob, Athena’s father, was out hunting. She realized, however, that after dinner was done, her stepdaughter wasn’t where she expected her to be: sorting her clothes in her bedroom. Ashley Strand called her sister-in-law to see if her stepdaughter had gone to her house, but she hadn’t. She also checked a favorite tree on the property to see if Athena was there.

When she didn’t find Athena there, Ashley Strand called the authorities. The family also began searching all over the property, with Ashley Strand initially believing the girl was hiding.

Ashley Strand laughed a little as she described her stepdaughter as “wild,” saying Athena loved running around in the country. But she tearfully said it sank in that Athena was missing when helicopters started flying over the property.

Prosecutors asked Ashley Strand about a Walmart box that was also on the property, which was delivered the day Athena went missing. It was addressed to Ashley Strand and delivered by FedEx; she said inside were Barbie dolls meant as Christmas gifts for Athena, and that the box was left by an abandoned trailer that was on the property.

Ashley Strand recalled where she was when she learned Athena was dead. She said she was with Jacob Strand and Maitlyn Gandy at a nearby church.

“I lost it,” she said.

She was also shown a black-and-white photo of Athena in the FedEx delivery truck with Horner; Athena was wide-eyed while Horner drove.

Ashley Strand tearfully confirmed it was Athena, saying, “I know my little girl” in response.

Ashley Strand said Athena’s killing affected the family; she and Jacob are no longer married, and she said her daughter now runs and hides if she sees delivery drivers. Ashley Strand said her daughter also has nightmares and has seen, at age 14, impacts on her education.

“I’m not the same. I don’t trust anybody,” Ashley Strand said through tears.

The defense then questioned Ashley Strand, asking her again to affirm information about the property.

She was excused from the stand by Gallagher, with a brief recess called at 11:46 a.m.

Akin called up

After the recess, the next witness was called at noon: former Wise County Sheriff Lane Akin, who retired in 2024, about two years after Athena was killed.

Akin, who was sheriff from 2016 until 2022, was cross-examined by the defense to review a set of prosecution exhibits: photos potentially taken by one of his deputies from the property during the search. He was also questioned about who handled the photos before being passed on to the prosecution. He affirmed the photos were genuine and recognized the property. He also noted he was not at the scene at the time of the investigation in 2022.

However, the defense argued Akin couldn’t definitively testify to the photos’ accuracy. The objection was overruled.

Akin was then formally brought on as a law enforcement witness. He noted that during his long career in the field, he’s handled several cases involving missing children. He outlined the protocol for what law enforcement agencies do to handle the search and provide assistance for families.

The former sheriff said he was alerted to Athena’s case around 7 p.m. the night she was abducted. Akin drove back to Wise County from Llano after he was told she hadn’t been found within a two-hour window.

Akin was asked about who all helped with the search for Athena on Dec. 1. In addition to sheriff’s deputies, Texas Rangers, Fort Worth Police, Highway Patrol and game wardens, he said citizens brought out dogs and four-wheelers to help look for her.

“It was shoulder-to-shoulder,” he said, remarking he was told roughly 300 people had registered with emergency management for the formal search effort. He also noted the search began on the property and moved to a nearby church and firehouse.

Akin said several investigators worked on a lead when they learned about the FedEx package delivery, as the investigation picked up speed.

The Wise County Sheriff’s Office, by then, had set up a command center at the nearby fire station, which now included coordination with the FBI along with other agencies. Akin said Horner was taken into custody and search crews moved to locate Strand. He said her body was found in the Trinity River that evening, at BoBo Crossing, several miles away from home.

Akin was the one who notified Athena’s family that she had been found in the river. He said he was able to get his eyes on the scene before returning to the church to share their finding.

“It’s a hard thing to do,” he said as his voice cracked with emotion. “But I was focused on that family.”

A one-hour lunch was called at 12:45 p.m. Akin was excused from the stand after the court returned to session.

FBI agent testifies

After the lunch break, FBI Special Agent Patrick McGuire was called to the stand. He affirmed that local agencies, like the Wise County Sheriff’s Office, would often call on the FBI for help with cases involving missing people. McGuire said he was called by another agent at the scene of Athena’s disappearance and asked to track down who delivered the FedEx package.

McGuire said he and a team were able to determine the package came from Perot Field Fort Worth Alliance Airport. He said a manager they met with was able to determine the route and the company contracted by FedEx to handle the delivery. McGuire said the manager called Horner on speakerphone to ask about the route and if he had made a delivery to Athena’s home. Horner, according to McGuire, said he didn’t recall the address.

McGuire said he and a team approached Horner after locating him. Horner dropped a package, McGuire said, and was startled by the team. McGuire said during their in-person discussion that Horner then recalled the address after driving by the scene and that he remembered seeing a vehicle, an older green Astrovan missing a lower panel on the driver’s door, leaving from there around the time he supposedly made his delivery. That information was shared with authorities set up at the command post in case the details were true. McGuire also noted that Horner became emotional about Strand’s death.

However, McGuire noted that a search for the van Horner described turned up nothing. McGuire and the investigation team later got more information about Horner’s deliveries, including an apparent 30-minute time gap between deliveries. McGuire and the team got back in contact with Horner, who told them he had felt sick and had to throw up along a roadway before continuing his route.

McGuire then noted that Horner told him the rear end of his FedEx truck had hit a tree on the Strand property, but he didn’t see any visible damage and left. That was something McGuire said that seemed odd. McGuire then said investigators learned the truck was equipped with an inside camera that was recording, and that they requested access to the footage along with records tied to the delivery at the Strand property.

McGuire said the package was delivered, but not marked as such within the records. There were also a few more packages that were not marked as delivered. He also noted that Horner never admitted to him, at any time, that he was involved with Athena’s disappearance.

After McGuire was dismissed from the stand, the judge called for a recess until 9 a.m. on Wednesday, April 8.

Athena’s mother takes the stand

Athena Strand’s mother, Maitlyn Gandy, took the stand Wednesday, April 16, facing Horner in one of the most emotional moments of the trial, telling the courtroom and Horner that Athena is more than a headline and more than a story.

Wearing pink, Athena’s favorite color, Gandy shared memories of her daughter and described the co-parenting relationship she had with Athena’s father, Jacob Strand.

Gandy said that when she found out that Athena was missing, she was in her house and her phone had died, so Jacob Strand called her little sister, who called her older sister, who “came banging on the door like the house was on fire and she said Athena’s missing.”

Gandy recalled how she searched county roads, ponds and property over and over again.

When she received the tragic news that her daughter’s body had been found, the sheriff told Gandy that she shouldn’t confirm it was Athena’s body “because she looks too bad.” However, Gandy saw her daughter’s body.

Gandy said she doesn’t believe that Horner will ever tell the truth about what happened.

Athena’s father takes the stand

Athena Strand’s father, Jacob Strand, took the stand on Thursday, April 17.

Jacob Strand described his favorites memories and described the moment before learning his daughter was missing. He said after work that day, he spent time with Athena Strand and her sibling before leaving for a camping trip with his dad.

He said after telling them bye and hugging Athena Strand, she ran back up to him as he was backing out of the driveway. He said that was the last time he saw his daughter alive.

As tears began to roll down his face, he recalled searching for her every day the authorities would let him. “I know the woods like the back of my hand,” he said.

With more tears falling, he said it was “hard” after hearing his daughter’s body had been found.

Jacob Strand said he began to feel guilty that he wasn’t there to protect her, and he self-destructed as time went on.

He said he still lives on the property where Athena Strand went missing, and he’s found a place to talk to her – her favorite fruitless pear tree that she would climb and hang from with her sister.

He too, like Gandy, doesn’t believe Horner’s apology or Horner’s story of how his daughter was killed.

What’s ahead

Jurors have seen hours of additional evidence, including video footage near the river where Athena’s body was found and video from inside the FedEx truck.

On Monday, April 21, the capital murder trial of Tanner Horner resumed without a jury in the courtroom, as the case entered a key legal step focused on vetting the defense’s expert witnesses.

The court moved into what’s known as the voir dire phase for expert witnesses — a process where the judge and attorneys decide what testimony the jury will ultimately be allowed to hear.

Four medical experts called by the defense testified, with all four saying they had evaluated Horner and believed he had significant underlying health and developmental issues long before Athena’s death.

Prosecutors pushed back on the defense experts’ conclusions, focusing not just on what they found but how they found it.

Officials told CBS News Texas that the sentencing phase of the trial is expected to last until at least May 4.