A Wise County judge had ordered that the trial for Tanner HornerFedEx driver indicted on capital murder and kidnapping charges in the killing 7-year-old Athena Strandbe moved to Tarrant County.
Judge Brock Smith of the 271st District Court in Decatur approved Horner’s change of venue motion Friday after hearing evidence at a hearing Monday, according to court documents.
Horner and his lawyers had requested that his trial be moved out of Wise Countyciting “pre-trial publicity” as a barrier to Horner receiving a fair trial in that community.
His motion was accompanied by several exhibits, including the number of media stories dealing with Athena’s murder and statements from three Wise County residents confirming the widespread public knowledge surrounding the case.
Smith, whose district also includes Jack County, cited Jack County’s smaller population and court facilities as a reason not to pursue Horner’s trial.
“The Court also finds that Jack County, Texas also contains conditions similar to those now existing in Wise County that require this change of venue,” Smith said in his decision. “The Court finds that Tarrant County is an adjacent county that is not subject to the same conditions.”
In a statement to the Wise County Messenger, District Attorney James Stainton called the change of venue “unfortunate,” but said. it will not affect the way the prosecution handles the case.
“I am very sorry that our citizens of Wise County 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.”
Horner, a FedEx contract driver, delivered a Barbie Christmas gift intended for Athena to her father’s home near the Wise County town of Paradise on Nov. 30, 2022. The 7-year-old is disappeared at the time of delivery, and his body was found two days later at a site along the Trinity River, less than 10 miles from home.
According to the arrest warrant affidavit, Horner confessed to authorities and said he returned to Athena with his FedEx truck. She was not seriously injured, but he kidnapped, strangled and killed her so she could not 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 a notice in the 271st District Court that intends to seek the death penalty for Horner if convicted of capital murder at trial.
On March 6, 2023, Horner pleaded not guilty at his arraignment hearing in Wise County.
The technicalities, including who should represent Horner at his trial, have slowed down the case. In January, in January, Horner’s lawyers without success filed a motion to transfer him from the Wise County Jail to another establishment.
A trial date has not been announced.
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