A high-profile capital murder trial is poised to get underway this week in a Tarrant County courtroom, nearly three and a half years after the death of 7-year-old Athena Strand in Wise County, Texas.
Tanner Horner, the former FedEx delivery driver accused of abducting and killing the child, is scheduled to stand trial beginning Tuesday. Horner has pleaded not guilty and could face the death penalty if convicted.
According to prosecutors, Horner abducted and killed the 7-year-old after making a delivery at her home in November 2022. The young age and vulnerability of the victim have drawn significant public attention to the case.
Legal analyst Paul Coggins noted that the nature of the victim has brought a huge amount of attention, highlighting the young age and vulnerability of the child.
Jury selection, which has been months in the making, has now been completed, and the trial proceedings are set to move forward. Legal experts have emphasized that jury selection could prove critical, with one observer stating that “the case is won or lost at jury selection.”
A confession is expected to play a central role in the proceedings. Coggins indicated that if the confession is allowed into evidence, the guilt or innocence phase of the trial could be relatively straightforward.
The defense is anticipated to focus heavily on an autism argument, particularly during the sentencing phase if Horner is convicted. Coggins explained that the defense will argue Horner falls within the line of cases involving intellectually disabled or intellectually challenged individuals, where courts have sometimes determined that execution is not permissible.
“[The defense is] really focusing its efforts on the sentencing phases and arguing that because of his autism, he falls within that line of cases that deal with intellectually disabled, intellectually challenged individuals,” Coggins said. “And sometimes the courts have found that they are so intellectually disabled that they cannot be executed.”
The case was moved from Wise County to Tarrant County for trial. Horner was indicted on charges of capital murder and aggravated kidnapping in early 2023.
As the trial opens, the proceedings are expected to be closely watched given the emotional weight of the case and the possibility of a death sentence. Legal observers suggest the defendant could face an uphill battle, particularly if key evidence such as the confession is admitted.
The outcome will depend on what evidence the court allows and how the jury weighs both the guilt phase and any potential sentencing arguments.
