DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift.
Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022
killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.
Horner didn't visibly react when the judge read the sentence, according to a livestream of the court proceedings.
Jurors found there was a probability Horner would commit criminal violence and be a continuing threat to society. They said there was nothing in the commission of the crime or in Horner's background to warrant life without parole instead of death.
Prosecutor James Stainton told jurors in opening statements that Horner had told, “lie upon lie upon lie upon lie” in the case, including telling authorities that he accidentally struck Athena with his van while making the delivery and then killed her in a fit of panic.
Several jurors cried as they were shown video and heard audio from inside the van after Athena was taken. He could be seen lifting her into the van, and then driving away, telling her not to scream or he’d hurt her.
Horner then covered the camera, but the audio continued recording. Horner asks Athena questions, including how old she is and where she goes to school, before stopping the van and telling her they are going to “hang out.” Horner tells her to take off her shirt and she begins crying, asking what he’s doing and whether he’s a kidnapper. She cries no and asks for her mother and to go home.
She asks him: “Why are you doing this?” He replies, “Because you are pretty.”
“My mom says I can’t do that to somebody,” she tells him. “And you can’t do that to me either.”
As the recording, which lasts over an hour, continues, Athena’s screams can be heard as well as choking and slamming noises.
At one point he tells her: “If you don’t shut up, I will hurt you worse.”
A medical examiner testified that Athena died of blunt force injuries with smothering and strangulation.
While acknowledging during opening statements that the evidence against Horner was “overwhelming” and “terrible,” Horner’s attorney, Steven Goble, told jurors that Horner’s mother drank while she was pregnant, that he has autism and suffered from “various mental illnesses throughout his life” in addition to being exposed to a “massive amount of lead.”
Goble had asked jurors to sentence Horner to life in prison.
Athena’s family has said that the package Horner had dropped off was a Christmas present for her — a box of “You Can Be Anything” Barbies.
The trial was moved from rural Wise County to Fort Worth after Horner’s attorneys argued that he would not have received a fair trial. ____
Associated Press writer Audrey McAvoy contributed to this report from Honolulu.
