FORT WORTH, Texas — Tanner Horner, the FedEx driver indicted on capital murder and kidnapping charges in the killing of 7-year-old Athena Strand, pleaded not guilty at his arraignment hearing Monday in Wise County.
Horner did not speak at the hearing. He waived reading of the charges and his attorneys entered the plea on his behalf.
The hearing was attended by many local law enforcement officers and Athena’s mother, Maitlyn Gandy. It was the first time Gandy had been in the same room as Horner, Gandy’s attorney Benson Varghese told reporters outside the courtroom, according to KXAS-TV.
It was “probably one of the most difficult moments of her life, to see the person who killed her daughter,” Varghese said. “It’s a moment she’s thought about for a long time. I suppose it’s surreal in some senses, but it was of just grave importance for her to be there.”
Horner, 31, remains in the Wise County Jail with bond set at $1,560,000.
No further court hearings have yet been scheduled in the criminal case. The judge asked prosecutors and defense attorneys to provide information within the next couple of weeks so that a scheduling order can be created, according to Varghese.
Prosecutors filed notice with the court that they will seek the death penalty if Horner is convicted of capital murder at trial.
Horner 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, the warrant states. 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, according to the warrant.
Last month, Gandy joined a lawsuit filed by Athena’s father, Jacob Strand, against Horner and his employers. The suit accuses FedEx and Big Topspin — a Dallas-based company that 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.”
Last month, 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.”
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 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.
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