Prosecutors are asking for the death penalty on the Texas FedEx driver accused of kidnapping and strangling a seven-year-old girl while delivering her Barbie doll Christmas presents.
Tanner Lynn Horner, 31, has been arrested and charged with capital murder and aggravated kidnapping in the death of Athena Strand. Horner is currently being held in the Wise County Jail on $1.5 million bail.
Earlier this week, District Attorney James Stainton filed court documents in federal court informing the judge that he will seek the death penalty against Horner if found guilty of capital murder.
Under Texas law, the capital murder of a person under the age of ten qualifies the offender for the death penalty.
Horner confessed to the heinous crime while delivering gifts to the family’s North Texas home. He told investigators that he accidentally hit Athena with his truck on November 30, “panic” before grabbing her and putting her in the vehicle.
Fearing what would happen if he told her parents, he strangled her in the truck and dumped her body next to a country road seven miles from her home. She was found in Wise County, Texas on December 2, 2022 – just a few weeks before Christmas.
Athena Strand, 7, was kidnapped and strangled on November 30, 2022 by a hired FedEx employee who was delivering gifts to her family’s North Texas home
Tanner Lynn Horner, 31, has been arrested and charged with capital murder and aggravated kidnapping in the death of Athena Strand. Horner is currently being held at the Wise County Jail on $1.5 million bail
Horner was arrested on December 2, 2022, the same day Athena’s body was found. He confessed to police that he abducted and kidnapped the child during a delivery to her family’s home.
Earlier this week, District Attorney James Stainton (pictured) filed court documents in federal court informing the judge he will seek the death penalty against Horner if found guilty of capital murder
On February 17, a Wise County jury formally charged Horner with kidnapping and murdering the young girl.
Police have told prosecutors they want to seek the death penalty, according to NBC5. If convicted, Horner faces either execution or life imprisonment.
Strand’s mother, Maitlyn Gandy, released a statement on the charges.
“I would like to thank the Wise County Grand Jury for their role in this process. Learning the facts and circumstances surrounding the kidnapping and murder of my 7 year old daughter was undoubtedly very difficult for her.’
“I want them to know that their work is greatly appreciated,” she added. “The indictment of Tanner Horner is the beginning of a long journey through the justice system.
“I appreciate everyone’s continued support and for keeping Athena’s name and memory alive. Please take a moment to hug your children and loved ones. No one is promised another day.’
Horner was charged with the sexual abuse of a child nearly a decade ago and is facing three more child sexual abuse counts in Fort Worth in 2013. He is in prison on $1.5 million bail.
Athena’s father, Jacob Strand, has taken legal action against FedEx, claiming they did not conduct adequate background checks before hiring Horner.
“I support the death penalty. In every possible conviction,” Gandy told WFAA.
“Every breath he takes is one my daughter doesn’t take.
“If I could sit in front of him, I would tell him that he is nothing, but that Athena is absolutely everything – and I will make sure everyone in this world knows that he is nothing and that she is everything.”
Gandy says she wishes he had just driven away and let her daughter go.
“We are very forgiving people,” she said.
“If Athena hadn’t been injured or even had a few bruises and scrapes, he could have just driven away. We could have forgiven him.
“Accidents happen, but he chose to do more – and what he did was unforgivable.
“I have a hard time believing that Athena couldn’t have walked away. Athena could have just walked away and I wish he would have let her.”
Gandy says she’s still grieving for her daughter while still trying to care for her younger sister, Rilyn.
“I check my doors three times every night and hold my three year old tighter. I’m afraid to let her go. Everything is just very, very scary and very, very sad,” Gandy said through tears.
“It was tough for our family. For my other three year old. She doesn’t understand why she can’t call “sissy” or why she hasn’t come home yet. It’s a long time for her without seeing her sister,” she explains.
“We’ll manage. We try to function. It was long ago. Hard, but at the same time very messy.
‘I’m sad. I am angry. I’m confused. I give my best.
“I was very scared and I don’t sleep very often or for long periods. Noises at night scare me.”
Horner’s FedEx truck is pictured killing the little girl
The mother of seven-year-old Athena Strand, Maitlyn Gandy (right, Athena is center), has filed a wrongful death lawsuit
Athena was kidnapped by FedEx driver Tanner Horner on Nov. 30 from her father’s home in Paradise, Texas, police say
“I check my doors three times every night and hold my three year old tighter. I’m afraid to let her go. Everything is just very, very scary and very, very sad,” Gandy said through tears
Maitlyn Gandy posted photos of her eaten daughter Athena’s pink coffin on her Facebook page