Editors note: The below story features descriptions of sexual abuse and the assault of a child.
Tanner Horner was bullied as a child, is on the autism spectrum and had a high exposure to lead that may have made him more likely to commit a criminal offense.
He also has a history of child sexual abuse allegations, and was seen on video telling young Athena Strand to take off her clothes before killing her and disposing of her body.
Those narratives from the prosecutors and defense are some of what jurors heard during the punishment phase of Horner's trial after he pleaded guilty to the murder of 7-year-old Athena.
Prosecutors rested their case earlier this month after playing footage and audio from inside Horner's delivery truck as he abducted and attacked Strand on Nov. 30, 2022, in Wise County.
The audio reportedly left some jurors sobbing.
Horner's attorneys began their case last week with testimony from family who described a troubled childhood and mental health issues — something the defense hopes will help spare him from the death penalty.
As the trial enters its fourth week, here's what jurors have learned so far.
Cooperation from Horner's 'alter ego'
When Horner was initially arrested, he misled investigators about what happened to Strand. He told investigators she was already dead when he put her in the back of his FedEx truck, which was disproven by an image captured by his truck’s camera showing her alive next to him while he was driving.
Horner also led investigators to a thicket on the side of a rural road, saying he had put Strand’s body there.
Texas Ranger Job Espinoza was eventually able to get accurate information out of Horner by addressing him as “Zero,” which is Horner’s supposed 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 backseat of a car being driven by someone else. Other times, he said, it feels like he’s in the trunk of the car.
Espinoza said he believed Horner made up Zero and named the alter ego after a band.
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.
After the lengthy 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.
Horner’s child sexual assault charges
Shortly after being charged with the capital murder of Strand, Horner was charged with three counts of sexual assault of a child dating back to 2013.
The charges were unrelated to the Strand case.
An unidentified 29-year-old woman testified in court that Horner sexually assaulted her twice when she was 16 in the summer of 2013.
Another unidentified woman testified that Horner raped her in 2014 when she was 16. She said she was drunk and asleep at the time and was coming in and out of consciousness. She remembered the incident later in the day when Horner started touching her again, she said. She became distressed and called a friend to come pick her up, according to her testimony.
Prosecutors then had Jacqueline Ferrara, a forensic analyst for the Texas Department of Public Safety Garland crime lab at the time, testify about the results of a sexual assault kit performed on Athena after her death.
Male DNA was found on the vaginal swabs, Ferrara testified, but it was not specified whether it was blood, saliva, skin or semen.
Ferrara said blood and semen was detected on his FedEx shirt. Horner has denied ever sexually assaulting Strand.
The FedEx truck footage
Jurors on the eighth day of the trial watched video and heard audio from Horner’s FedEx truck leading up to Athena’s death.
NBC 5 reported Horner could be heard telling Athena, “you’re really pretty. You know that?” Horner then later reportedly told Athena to take off her shirt. She told him “no,” while asking for her mom. Jurors were reportedly sobbing.
Screaming, crying and banging could be heard for more than an hour in the footage, NBC 5 reported.
Horner pulled into a gas station after disposing of Strand’s body and appeared to be cleaning the back of the delivery truck.
Prosecutors also played a video of Horner driving past Athena’s home the next day while police and family searched for her. He was stopped and told a 7-year-old had been kidnapped.
“I was wondering what all this was about. Are you serious?” Horner said in the video.
Prosecutors rested their case after the delivery truck footage finished playing.
Mitigation defense
Because Horner pleaded guilty, this trial will determine whether or not Horner receives the death penalty. His defense has laid out arguments meant to mitigate Horner’s responsibility for his murder of Strand.
His lawyers, Susan Anderson and Steven Goble, initially argued in a motion that Horner's autism "reduces his moral blameworthiness, negates the retributive and deterrent purposes of capital punishment, and exposes him to the unacceptable risk that he will be wrongfully sentenced to death."
In another motion, Horner’s defense said he should have the same level of protection from the death penalty as an intellectually disabled person. The Eighth Amendment generally protects intellectually disabled people from being executed.
Judge George Gallagher has since denied those motions.
Horner’s defense has so far had jurors hear testimony from psychologists and Horner’s family to build the case that his upbringing mentally damaged him.
Horner’s mother, who did not share her first name, testified to the jury that she drank alcohol and smoked cigarettes and marijuana while pregnant with Horner.
She also testified about Horner’s social life as a kid.
“He wanted to get along with people, but they just weren't interested in having conversations with him and having him around,” she said. “It was sad to watch, very sad, they didn’t like him at all.”
Bullies picked on Horner, which made him hit himself in the head, his mother testified.
She knew something was different about Horner and eventually got him tested for six weeks at a child study center, where he was diagnosed with Asperger's syndrome.
Today, that diagnosis is no longer given, according to the Cleveland Clinic. The diagnosis now falls under the broader umbrella of Autism Spectrum Disorder, which affects a person to socialize and communicate with others.
She testified that, as Horner’s father was in and out of jail, other family members would help raise the boy. But she often got into physical fights and shouting matches with family in front of Horner.
“I’m not proud of anything I did,” she said. “I’m wearing my shame like a badge right now.”
Jurors also heard Dr. Aaron Specht, an assistant professor at Purdue University with a focus in exposure assessment, testify that Horner had lead in his bones at a level 24-times higher than normal. Some studies suggest children exposed to lead are more likely to commit crime in adulthood due to the neurological damage the chemical causes.
Jurors are expected to hear more testimony from family members and experts throughout this week before deciding whether or not Horner gets the death penalty.
