Wise County DA seeks death penalty for Tanner Horner in Athena Strand killing

The Wise County District Attorney’s Office is seeking the death penalty for Tanner Horner, the FedEx driver accused of kidnapping and killing 7-year-old Athena Strand.

After a grand jury indicted Horner last week on charges of capital murder and aggravated kidnapping, prosecutors filed notice with the 271st District Court that they intend to seek the death penalty if Horner is convicted of capital murder at trial.

District Attorney James Stainton told the Wise County Messenger that the decision was based on Athena’s age and the violence of the alleged crime.

“You look at that little girl’s face and you just ask yourself, ‘Why?’ It’s just the brutal nature of what went on, the level of violence that the guy brought to this,” Stainton said. “It’s just unspeakable. I do not comprehend how an individual can do this with that level of violence to a child.”

Horner, 31, was delivering a Christmas gift of Barbies for Athena to her father’s North Texas home on Nov. 30 when he kidnapped the child and put her in the back of his FedEx truck, according to the Wise County Sheriff’s Office. Horner told investigators that he had backed into Athena with the truck and even though she wasn’t seriously injured, he took her and killed her because he was afraid she would tell her father about the accident, according to an arrest warrant affidavit.

Horner told investigators that he tried unsuccessfully to break the girl’s neck and then strangled her with his hands. He dumped her body on a Trinity River bank and later told investigators where to find her, authorities said.

Officials and members of the community searched for Athena for two days before a tip led law enforcement to investigate Horner and find security video recorded inside his van that showed him with the girl.

Horner lived in Fort Worth before his arrest. He does not appear to have a previous criminal record in Tarrant or Wise counties, but in addition to charges of capital murder and aggravated kidnapping in Athena’s case, he now faces three unrelated counts of sexual assault of a child in Tarrant County. Few details of those allegations have been released, but the charges stem from incidents that occurred in 2013 and were investigated by Fort Worth police.

Horner remains in the Wise County Jail with bond set at $1.5 million. He’s scheduled to be arraigned on March 6, according to court records.

On Tuesday, Athena’s mother, Maitlyn Gandy, announced she has joined a wrongful death lawsuit previously filed by the child’s father, Jacob Strand, against Horner, FedEx and Dallas-based contractor Big Topspin.

The lawsuit accuses FedEx and Big Topspin — which contracted with FedEx for deliveries and hired Horner — of failing to properly investigate Horner’s criminal background, mental history and prior employment and failing to properly train and supervise him.

It also says the two companies failed to implement and enforce safety policies and procedures. The suit accuses FedEx of negligence in contracting with Big Topspin by failing to supervise the company and to investigate its hiring practices.

FedEx Ground is one of many independent operating companies in the FedEx Corp., which includes FedEx Express, FedEx Freight and FedEx Office. In a statement in December, the company said, “FedEx Ground contracts with independent businesses that provide package pickup and delivery services using their own employees, vehicles and equipment. The employees of these service provider companies are subject to criminal history background checks as part of the driver eligibility process.”

On Tuesday, the company said in an emailed statement that it is aware of the lawsuit and, “Our thoughts remain with the family of Athena Strand in the wake of this tragedy.”

Officials with Big Topspin could not immediately be reached for comment.

The lawsuit asks for a jury trial and damages of more than $1 million with the amount to be determined by jurors.

This story was originally published February 22, 2023 at 10:23 AM.

Amy McDaniel

Fort Worth Star-Telegram

Amy McDaniel edits stories about criminal justice, breaking news and education for the Star-Telegram.