Editors note: The below story features descriptions of sexual abuse and the assault of a child.
A Tarrant County jury will hear closing arguments Tuesday over whether to give the death penalty to Tanner Horner, a former FedEx driver who pleaded guilty to killing 7-year-old Athena Strand in 2022.
Victim impact statements and jury deliberation are also expected Tuesday.
Monday's proceedings ended after prosecutors called a surprise witness: Horner's cousin, who testified Horner sexually assaulted him when he was 10 years old. The prosecution brought forward the cousin, who was only identified as Billy, as rebuttal testimony after the defense rested their case.
Horner forced Billy to give him oral sex and tried to forcefully penetrate the boy by a lake near Horner's grandmother's house, the witness said. Billy added that he didn't fight back because he was scared.
"He was bigger than me, he's beaten me up before," Billy testified. "I went along with it."
The defense asked him on cross examination why he decided to come forward.
"The fact that he killed a kid and the truth needs to be told," Billy said.
He also testified that Horner had made comments in the past wondering what it would be like to kill someone.
Strand’s death
Horner was delivering Barbie dolls to the Strand's Wise County home as a FedEx driver in November 2022 when he kidnapped her. A still image from a camera in the truck shows Strand kneeling next to Horner in the truck while he’s driving.
Investigators say Horner then killed her by beating her on the head and strangling her to death before dumping her body in a creek. The Dallas County medical examiner said she had blunt force injuries on her head and was strangled. The prosecution also said there was a shoe print on Athena's face that matched Horner's shoe.
Horner was arrested two days later and admitted to the killing, but offered contradictory information to investigators about how and why he killed Strand.
Texas Ranger Job Espinoza was eventually able to get accurate information out of Horner by addressing him as “Zero,” which is Horner’s purported alter-ego.
“I played his game, and I spoke to Zero,” Espinoza testified. “Ultimately, it’s about locating Athena and getting the truth, and whatever he wants to be called, I’m willing to do that as long as it means actually getting to the truth.”
Horner said when Zero takes over it feels like he’s in the back seat of a car being driven by someone else. Other times, he said, it feels like he’s in the trunk of the car.
During the interview, Horner often expressed frustration over the direction of his life and lamented he would miss out on his own child’s life. But overall Espinoza described Horner as relaxed and calm during the interview.
Jurors watched video of Horner leading investigators to a creek — the actual location of Athena’s body.
FBI Agent Dave Rogers described to jurors what Strand’s body looked like after she was pulled out of the water.
“I remember her being really cold to the touch, firm, and with the lights and everything on the skin, her skin appeared to be glistening kind of angel-like,” Rogers said.
Prosecutors rested their case last month after playing audio and video from inside Horner’s delivery truck, showing the moments Strand was kidnapped and killed.
Prosecutors also had Timothy Fitzpatrick, director of classification at the Texas Department of Criminal Justice, testify about the difference in living conditions between inmates serving a life sentence in general population and those on death row.
The prosecution's strategy appeared to contrast the experience Horner would have in general population against that of death row.
In general population, Fitzpatrick said Horner would be mixed in with other inmates convicted of lesser crimes, and people in visitation areas wouldn’t be notified of his charges. But on death row, Horner would be restrained, searched and escorted before leaving his cell for any reason.
“Death row by nature is far more structured,” Fitzpatrick said. “They remain at that facility for the entirety of their incarceration up until that sentence is carried out.”
The final days of the trial come after after more than a week of the defense making its case, in which attorneys brought forward Horner’s family, psychiatrists and other experts to testify about his troubled upbringing and mental health issues.
But those following the trial closely say the defense had an uphill battle.
"I do think that they've done a good job of working with what they had," John Helms, a Dallas criminal defense attorney, told KERA News. "But the problem is that the crime itself was just so horrific."
This story will be updated.
Dylan Duke is KERA's Breaking News Reporter. Got a tip? Email Dylan Duke at dduke@kera.org.
KERA News is made possible through the generosity of our members. If you find this reporting valuable, consider making a tax-deductible gift today. Thank you.
