A Wise County judge has ordered that the trial for Tanner Horner , the FedEx driver indicted on capital murder and kidnapping charges in the killing of 7-year-old Athena Strand , be moved to Tarrant County.
Judge Brock Smith of the 271st District Court in Decatur approved Horner’s change of venue motion on Friday after listening to evidence at a hearing on Monday, according to court documents.
Horner and his attorneys had requested that his trial be moved out of Wise County , citing “pre-trial publicity” as a barrier to Horner receiving a fair trial in that community.
Their motion was accompanied by several exhibits, including the number of media stories that dealt with Athena’s killing and statements from three Wise County residents confirming the widespread public knowledge surrounding the case.
Smith, whose district also includes Jack County, mentioned Jack County’s smaller population and court facilities as a reason not to hold Horner’s trial there.
“The Court further finds that Jack County, Texas also contains similar conditions to those now existing in Wise County that require this change of venue,” Smith said in his ruling. “The Court finds that Tarrant County is an adjoining county that is not subject to the same conditions.”
In a statement to the Wise County Messenger, District Attorney James Stainton called the change in venue “unfortunate,” but said it won’t affect how the prosecution handles the case .
“I am very disappointed that our Wise County citizens will not be able to hear this case,” Stainton said in the statement. “Wherever this case is tried, however, my office will continue to seek justice for Athena.”
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Horner, a FedEx contract driver, delivered a Christmas gift of Barbies intended for Athena to her father’s home near the Wise County town of Paradise on Nov. 30, 2022. The 7-year-old went missing at the time of the delivery, and her body was found two days later at a site along the Trinity River, less than 10 miles from the house.
According to the arrest warrant affidavit, Horner confessed to authorities and said that he backed into Athena with his FedEx truck. She wasn’t seriously hurt, but he kidnapped her, strangled her and killed her so she couldn’t tell her father about the accident, he said.
A Wise County grand jury indicted Horner in February 2023 on charges of aggravated kidnapping and capital murder of a child. The next day prosecutors with the Wise County District Attorney’s Office filed notice with the 271st District Court that they intended to seek the death penalty for Horner if he’s convicted of capital murder at trial.
On March 6, 2023, Horner pleaded not guilty at his arraignment hearing in Wise County.
Technicalities, including who should represent Horner at his trial, have slowed the case. In January, Horner’s attorneys unsuccessfully filed a motion to transfer him from the Wise County Jail to another facility.
A trial date has not been announced.
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