WISE COUNTY, Texas — A Wise County Judge has granted a change of venue request for the suspect accused of killing 7-year-old Athena Strand nearly two years ago.
According to the order by Judge Brock Smith, who oversees both Jack County and Wise County, the capital murder case against Tanner Horner will now be moved to Tarrant County.
On Monday, Smith heard arguments from Horner's defense team, who said the case's publicity spoiled a shot at a fair trial in Wise County.
A change of venue for the case will impact Horner's jury pool, according to criminal defense attorney George Milner. Milner is not associated with this case but has tried numerous cases in Tarrant County over the years.
Yet, even though it's more urban and diverse and will contain a more significant collection of opinions toward the criminal justice system, Tarrant County is still not an easy place for defendants, Milner said, especially when it comes to the death penalty. Tarrant County's political makeup has been largely conservative for years.
"You're going to have a pro-law enforcement jury there--some defense lawyers regard that as more challenging," Milner said. "Tarrant is an interesting county--you tend to get a jury pool that is fairly educated. I like trying cases there because jurors have a sense of right and wrong. They can sniff out the right outcome and you don't need to overexplain things to them."
Changing the venue now also gives Horner less strategy to lean on if he's convicted and appeals that conviction while on death row.
Defendants often argue they couldn't get a fair trial in the county they were tried in post-conviction. Judge Smith gave little reasoning as to why he made his decision in his ruling, aside from considering the evidence presented this week.
The Wise County Courthouse is also under construction. Moving it to Tarrant County ensures plenty of room for those attending Horner's trial, which is expected to draw many.
On Dec. 2, 2022, almost 72 hours after Athena went missing, police recovered her body from a creek near Boyd and arrested Horner, who was a FedEx contract driver at the time.
Officials said Horner had dropped off a package at the home of Athena's father in rural Paradise on Nov. 30. The package contained Barbies, which were part of Athena's Christmas gifts. According to arrest documents, he confessed to police that he "accidentally hit Athena with his truck. "
He added that he backed into Athena, "but that she was not seriously injured, panicked, and put her into his van." Those same arrest documents read that Athena was alive then, talking to him and telling him her name.
Yet, Horner confessed that he strangled Athena because she would likely tell her father about being hit, authorities said. He later dumped Athena's body into a waterway and eventually led investigators back to the area whenever police connected him to the package, per court records.
The state is seeking the death penalty for Horner. A date for the trial has not been set at this time.