TX - Athena Strand, 8, Abducted & Murdered By FedEx Contract Driver, Tanner Horner, Paradise, 2022 #2

DNA Solves
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DNA Solves
FEB 17, 2023
[...]

No trial date has been set for Horner in Wise County.

"You have to go back and completely investigate the defendants background. I’m talking about from the day he was born, until the day he found himself in the situation in custody, charged with capital murder," criminal defense attorney Bill Lane said.

Lane is not associated with the case but he gave perspective on what a criminal defense might involve in a case like Horner’s.

"There appears to be a threat of some kind of diminished mental capacity he’s dealing with. But whether he had a troubled childhood, whether he had there was abuse in the home, there’s just literally a list of 1,000 things that a defense lawyer has to look into to properly defend someone in these types of cases. It’s a real uphill battle," he explained.

The sheriff said he’ll push for the death penalty in this case, but it is not yet clear if the Wise County DA will seek the death penalty for Horner.

[...]
 
AND!! He is finally in the Wise County court site!


Case Number Defendant Info Filed/Location Type/Status Charge(s)
CR24558 HORNER, TANNER LYNN 02/16/2023/271st Judicial District Court Adult Felony - Filed By Indictment Pending AGG KIDNAPPING FACILITATE

CR24559 HORNER, TANNER LYNN 02/16/2023/271st Judicial District Court Adult Felony - Filed By Indictment Pending CAPITAL MURDER OF PERSON UNDER TEN


Charges: HORNER, TANNER LYNN Statute Level Date
1. CAPITAL MURDER OF PERSON UNDER TEN YOA 19.03(a)(8) PC Capital Felony 11/30/2022

Events & Orders of the Court
OTHER EVENTS AND HEARINGS
02/16/2023 INDICTMENT (OCA)

02/17/2023 Precept
HORNER, TANNER LYNN Unserved

02/17/2023 NOTICE

02/17/2023 ORDER APPOINTING COUNSEL

02/17/2023 ORDER APPOINTING COUNSEL

02/17/2023 MOTION

02/17/2023 ORDER

03/06/2023 Arraignment (9:00 AM) (Judicial Officer Smith, Brock R)


Charges: HORNER, TANNER LYNN Statute Level Date
1. AGG KIDNAPPING FACILITATE 20.04 (3)(c) First Degree Felony 11/30/2022

Events & Orders of the Court
OTHER EVENTS AND HEARINGS
02/16/2023 INDICTMENT (OCA)

02/17/2023 Precept
HORNER, TANNER LYNN Unserved

02/17/2023 ORDER APPOINTING COUNSEL

02/17/2023 ORDER APPOINTING COUNSEL

02/17/2023 MOTION

02/17/2023 ORDER

03/06/2023 Arraignment (9:00 AM) (Judicial Officer Smith, Brock R)



link: https://jail.co.wise.tx.us/PublicAccess/Search.aspx?ID=100
 
Horner did not know Athena or her family.

“I was robbed of watching her grow up by a man everyone was supposed to trust to just one simple task -- deliver a Christmas present and leave,” said Gandy. “She was an amazing little girl who loved singing, dancing and all animals. Dogs, horses, cats, lizards and chinchillas. She also loved school and all her friends in the first grade who are also struggling with her senseless murder. Athena also loved flowers but she wasn’t afraid to get down in the mud with the boys. She was her father’s daughter.”

“We live a mile down the road. My kids were playing outside when she was taken. It does change everything. You never expected something like this,” said resident Rachael Taylor.

Pink was Strand’s favorite color, and those who knew her said the color matched her bright personality.

“I had never seen her not smiling. She was always very happy,” said Phil Erickson, Associate Pastor at First Baptist Church Cottondale.
 
There was this article in the daily mail today about Athena. Looks like death penalty is a possibility.

Edit: from what I can tell, the headline of this article is wrong, and there is no mention that I know of her being sexually assaulted. I pray that is true.


Seeing her face again brings it all back. ❤️
 
Last edited:
There was this article in the daily mail today about Athena. Looks like death penalty is a possibility.

Edit: from what I can tell, the headline of this article is wrong, and there is no mention that I know of her being sexually assaulted. I pray that is true.


Seeing her face again brings it all back. ❤️
HORRIBLE, misleading headline! They should be ashamed of themselves for sensationalizing this baby's death. :mad: MOO

The article states:

... could face the death penalty if convicted.

Horner has been charged with sexually assaulting a child almost a decade ago and faces three additional counts of sexually abusing a child in 2013, in Fort Worth.
 
HORRIBLE, misleading headline! They should be ashamed of themselves for sensationalizing this baby's death. :mad: MOO

The article states:

... could face the death penalty if convicted.

Horner has been charged with sexually assaulting a child almost a decade ago and faces three additional counts of sexually abusing a child in 2013, in Fort Worth.
They are just awful. I'm sorry if I've missed this, but I hadn't realized that he really did hit her with the truck? I just thought that was part of his lies, but did her injuries show it to be true?..... Thank you in advance for a reply!
 
They are just awful. I'm sorry if I've missed this, but I hadn't realized that he really did hit her with the truck? I just thought that was part of his lies, but did her injuries show it to be true?..... Thank you in advance for a reply!
He told investigators that he accidentally hit Athena when he was backing up the truck but I don't think we've heard whether there's any evidence that supports that. Someone please correct me if I'm wrong. MOO
 
There was this article in the daily mail today about Athena. Looks like death penalty is a possibility.

Edit: from what I can tell, the headline of this article is wrong, and there is no mention that I know of her being sexually assaulted. I pray that is true.


Seeing her face again brings it all back. ❤️

Actually - I have in my notes that the DA on 12/7/22 announced he would seek the DP....
 
According to two arrest warrants obtained last year by CNN affiliate KTVT, Horner allegedly told investigators he put Athena in his van and strangled her because he was scared she would tell someone she was hit by a FedEx truck.

Strand's family filed a lawsuit against FedEx and one of its subcontractors in December, accusing them of gross negligence and accusing Horner of assault. The family is seeking more than $1 million in damages from the companies and Horner, according to the suit.

Horner delivered packages for FedEx Ground but was employed through a subcontractor, Big Topspin, Inc., according to the lawsuit.
 
FEB 21, 2023
The mother of Athena Strand, the North Texas 7-year-old who was abducted and killed last year in Wise County, has filed a wrongful death lawsuit against FedEx, the contracting company Big Topspin, and the suspect, Tanner Horner, according to documents obtained by WFAA.

The 18-page lawsuit, filed in Wise County, seeks “fair and reasonable” compensation for “acts and omissions” that led to the murder of Maitlyn Gandy's daughter.

"This lawsuit is about Athena Strand – a vibrant young girl who deserves to have her memory live on for the good she brought to the world," the lawsuit states. "It is about a life that was taken senselessly – a child who could have been any of ours. It is about a loss that could have and should have been prevented. It is about implementing better hiring, training and supervising practices to prevent vicious killers from arriving at our doorsteps bearing an insignia that has been cultivated to instill trust. It is about preventing billion-dollar organizations from insulating themselves from liability by using fly-by-night contractors instead of acknowledging the responsibility they bear when we trust them to come onto our property, to our doorsteps, and even inside our homes."

The lawsuit, filed in Wise County Court on Friday, is a part of a lawsuit previously filed by Strand's father, Jacob Strand in December.

[...]

Gandy and Strand are seeking "fair and reasonable" compensation for mental anguish, loss of companionship and more.

In January, FedEx responded to the original lawsuit from Strand, denying liability.

In it, the company says Horner "was not acting as an agent of, nor was he in any course and scope of any employment of, FedEx Ground at the time of said criminal acts."

Filed on Feb. 17, the 18-page lawsuit seeks "fair and reasonable" compensation for "acts and omissions" that led to Strand's murder. The child's father, Jacob Strand previously filed a lawsuit in Dec. 2022.
 
Prosecutors to seek death penalty.

Wise County DA to seek death penalty against Tanner Horner, man accused of killing Athena Strand

Horner was indicted on the capital murder charge, as well as aggravated kidnapping, on Feb. 16, 2023.
Author: Mayra Monroy
Published: 9:05 PM CST February 21, 2023
Updated: 10:16 PM CST February 21, 2023
WISE COUNTY, Texas — Wise County's sheriff said the district attorney plans to seek the death penalty against Tanner Horner, the man accused of killing Athena Strand while working as a FedEx driver.
Sheriff Lane Akin told WFAA on Tuesday that District Attorney James Stainton planned on pursuing the death penalty against Horner, who is charged with the November 2022 death of the 7-year-old from Paradise, Texas.

 
FEB 22, 2023
The estimated timeline for a capital murder case to see trial is 18 months to two years.

  • Wise County Sheriff Lane Akin confirmed the county district attorney's office will pursue the death penalty if 31-year-old Horner is convicted.
  • Akin said the paperwork for that punishment has already been filed.
  • Horner will have a chance to enter his plea in court on March 6.
 
‘Strand's mother, Maitlyn Gandy, released a statement on the indictment.

'I would like to thank the Wise County grand jury for their role in this process. Hearing the facts and circumstances of my 7-year-old daughter's kidnapping and murder was undoubtedly very difficult for them.'

'I want them to know that their work is deeply appreciated,' she added. 'Tanner Horner's indictment is the beginning of a long road through the justice system.

'I appreciate everyone's continued support and for keeping Athena's name and memory alive. Please take a moment to hug your children and loved ones. No one is promised another day.'


I can’t imagine how hard each day must be for Athena’s parents and loved ones. It is heartbreaking seeing photos of Athena smiling in news articles knowing that she is no longer alive and that she was murdered. I’m not surprised that a Grand Jury indicted him and the District Attorney is seeking the death penalty. As Athena’s Mum said in her statement it must have been extremely difficult for the jurors to hear the evidence of what happened to Athena.
 
FEB 21, 2023
The mother of Athena Strand, the North Texas 7-year-old who was abducted and killed last year in Wise County, has filed a wrongful death lawsuit against FedEx, the contracting company Big Topspin, and the suspect, Tanner Horner, according to documents obtained by WFAA.

The 18-page lawsuit, filed in Wise County, seeks “fair and reasonable” compensation for “acts and omissions” that led to the murder of Maitlyn Gandy's daughter.

"This lawsuit is about Athena Strand – a vibrant young girl who deserves to have her memory live on for the good she brought to the world," the lawsuit states. "It is about a life that was taken senselessly – a child who could have been any of ours. It is about a loss that could have and should have been prevented. It is about implementing better hiring, training and supervising practices to prevent vicious killers from arriving at our doorsteps bearing an insignia that has been cultivated to instill trust. It is about preventing billion-dollar organizations from insulating themselves from liability by using fly-by-night contractors instead of acknowledging the responsibility they bear when we trust them to come onto our property, to our doorsteps, and even inside our homes."

The lawsuit, filed in Wise County Court on Friday, is a part of a lawsuit previously filed by Strand's father, Jacob Strand in December.

[...]

Gandy and Strand are seeking "fair and reasonable" compensation for mental anguish, loss of companionship and more.

In January, FedEx responded to the original lawsuit from Strand, denying liability.

In it, the company says Horner "was not acting as an agent of, nor was he in any course and scope of any employment of, FedEx Ground at the time of said criminal acts."

Filed on Feb. 17, the 18-page lawsuit seeks "fair and reasonable" compensation for "acts and omissions" that led to Strand's murder. The child's father, Jacob Strand previously filed a lawsuit in Dec. 2022.

Thank you for posting this update @PommyMommy Have any legal commentators given their thoughts on this lawsuit and what they think the outcome may possibly be?
 
Thank you for posting this update @PommyMommy Have any legal commentators given their thoughts on this lawsuit and what they think the outcome may possibly be?
Hi Greg! No, I don't think so. FedEx issued a statement, Big Topspin has remained silent, and to my knowledge, the only attorneys who have commented are those representing Athena's parents. MOO
 
FEB 23, 2023
On Feb. 17, the presiding judge also approved Horner's request that the court hire an investigator for the case, claiming that the nature of the charge is "complicated" and the "defendant cannot be afforded effective assistance of counsel without the appointment of an investigator," according to court documents.
 
Monday, March 6th:
*Arraignment Hearing (Wise County) – (@ 9am CT) - TX - Athena Presley Monroe Strand (7) – (last seen near the 200 block of County 3573 on Nov. 30, 2022 in Paradise. Reported missing by mom @ 6:40pm on 11/30/22; found deceased along the water’s edge of the Trinity River southeast of Boyd on the evening of Dec. 2, 2022 about 9 miles from her home). *Tanner Lynn Horner (31) arrested & charged (not formally) (12/3/22) & indicted (2/16/23) with capital murder (under the age of 10) & 1st degree felon aggravated kidnapping. Bond $1M (murder) $500K (kidnapping). DA will seek DP (12/7/22). Wise County
Case info from 11/30/22 thru 12/12/22 reference post #246 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-13

2/16/23 Update: Wise County: Horner has been indicted for aggravated kidnapping & murder. 2/17/23: Precept unserved Horner. Order appointing counsel. Motion & Order. Next arraignment hearing on 3/6/23 @ 9am. No trial date has been set for Horner in Wise County. On 2/17/23, the presiding judge approved Horner's request that the court hire an investigator for the case, claiming that the nature of the charge is "complicated" & the "defendant cannot be afforded effective assistance of counsel without the appointment of an investigator," according to court documents. 2/17/23: Precept served on Horner on 2/21/23. Notice. Order appointment Counsel. Motion & Order. 2/21/23: 2 Motions.
2/25/23 Update: DA James Stainton filed court documents in federal court this past week informing the judge that he will seek the death penalty against Horner if he is found guilty of capital murder, a crime that qualifies for the death penalty under Texas law.
*Charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $1,545,000. Tarrant County
Case info from 11/30/22 thru 12/12/22 reference post #246 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-13

12/21/22 Update: Wise County jail records now show he's also facing three counts of sexual assault on a child. However, these charges are not related to Strand's death & appear to have been filed in Tarrant County. The charges are related to three separate incidents which all occurred in 2013 in Tarrant County. Next initial appearance in Tarrant County on 1/5/23 @ 10am. No update thru 3/5/23.
 


Entered “not guilty” plea
 

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