TX - Athena Strand, 8, Abducted & Murdered By FedEx Contract Driver, Tanner Horner, Paradise, 2022 #2

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Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
10/16/2023 FINDINGS OF FACT AND CONCLUSIONS OF LAW
10/20/2023 OTHER
10/20/2023 NOTICE
10/31/2023 MOTION
11/07/2023 Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023

Case No. CR24558
AGG KIDNAPPING FACILITATE
10/16/2023 FINDINGS OF FACT AND CONCLUSIONS OF LAW
10/20/2023 NOTICE
10/20/2023 NOTICE
10/25/2023 ORDER APPOINTING COUNSEL
11/07/2023 Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023

https://jail.co.wise.tx.us/PublicAccess/default.aspx

@Niner
 
Tuesday, November 7th:
*Announcement Hearing (Wise County) – (@ 9am CT) - TX - Athena Presley Monroe Strand (7) – (last seen near the 200 block of County 3573 on Nov. 30, 2022 in Paradise. Reported missing by mom @ 6:40pm on 11/30/22; found deceased along the water’s edge of the Trinity River southeast of Boyd on the evening of Dec. 2, 2022 about 9 miles from her home). *Tanner Lynn Horner (31/now 32) arrested & charged (not formally) (12/3/22), indicted (2/17/23), charged & arraigned (3/6/23) with capital murder (under the age of 10) & 1st degree felon aggravated kidnapping. Bond $1M (murder) $500K (kidnapping). Surety Bond Total $1,545,000. Plead not guilty (3/6/23). DA will seek DP (12/7/22). Wise County
For Murder case public defenders Bill Ray & Steven Gordon. For Aggravated kidnapping attorney Pamela Fernandez.
Case info from 11/30/22 thru 4/4/23 reference post #325 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-17
7/13/23 Update: District Judge Brock Smith ruled that a change in counsel was required in the capital murder case of Horner due to a contract the county has with the Regional Public Defender Office (RPDO). The contract states that when a defendant is facing a capital murder charge in which the state is seeking the death penalty & the defendant is indigent, the judge will provide court-appointed counsel through the RPDO. In the hearing, Judge Smith said his court was not aware the county had entered into the contract at the time he appointed Bill Ray last December to serve as counsel for Horner, who is charged with capital murder in the death of 7-year-old Athena Strand. Smith said he became aware of the contract on July 5 & immediately notified attorneys in the case. During the hearing, Ray argued that he should remain Horner’s attorney, pointing out he had met with his client in the Wise County Jail 15 times, had developed a relationship with him & had begun to plan a defense strategy. He argued that removing he & fellow court-appointed attorney Steve Gordon could be a violation of his client’s Sixth Amendment rights. Ray also pointed out his numerous qualifications to serve on the case, including his experience of taking eight death penalty cases to trial. When he returned to court, Judge Smith said he would sign an order to relieve Ray & Gordon of their representation on the case & appoint attorneys from the RPDO to represent Horner moving forward. Ray indicated that he planned to appeal the judge’s ruling. Horner was in attendance at the hearing but did not speak. Next Announcement hearing on 8/31/23 @ 9am.
8/31/23 Update: The Wise County DA’s office is asking an appeals court to review a ruling in the case of Tanner Horner & requesting that proceedings be temporarily halted. Last week, DA James Stainton filed an application for a writ of mandamus with the Court of Criminal Appeals to review the July 13 ruling made by 271st District Judge Brock Smith in the capital murder case of Horne. The state is seeking the death penalty in the case. Judge Smith ruled that a change in defense counsel was required due to a contract the county has with the Regional Public Defender Office (RPDO). After hearing arguments from Ray on why he & co-counsel Steven Gordon should remain on the case, Smith ruled that “good cause” existed to remove them & appoint attorneys from the RPDO. Stainton asked for the appeals court ruling now because he felt it was an issue that defense attorneys could use on appeal if & when a conviction is secured in the case. It was a risk, he said, that he didn’t want to take. Announcement hearing was cancelled. Notice. Order. 9/18/23: Findings of Fact & Conclusions of Law.
9/7/23 Update: The Court of Criminal Appeals has issued a “stay of trial court proceedings” in the case of Horner. The court has paused the case with an initial ruling after DA James Stainton sought a writ of mandamus, seeking a ruling on the trial court judge’s decision July 13 to remove Horner’s court-appointed attorneys & replace them with lawyers from the Regional Public Defender’s Office (RPDO). “Without reaching the merits of the mandamus action, we agree with (Stainton) that a stay of the trial court proceedings is appropriate,” the order issued last Wednesday from the Court of Criminal Appeals states. The court has not ruled on the writ, but it has requested to hear more from 271st District Judge Brock Smith, Horner’s former attorney Bill Ray & the RPDO within 20 days. Stainton also requested a “temporary stay” of court proceedings in Horner’s case, although he said his office is still planning on providing discovery items to the RPDO.
10/25/23 update: Horner will get to keep a public defender’s office to represent him in the case. The Court of Criminal Appeals has declined to take action on a motion to reverse a judge’s ruling relating to defense counsel for Horner, who is facing the death penalty for capital murder in the death of Strand. On Wednesday, the appeals court said “it is unnecessary…to intervene” on a writ of mandamus sought by Wise County DA James Stainton, who filed the motion in August after 271st District Judge Brock Smith ruled to remove Horner’s former attorneys, Bill Ray & Steven Gordon, in July & instead appoint lawyers from the Regional Public Defender’s Office (RPDO). The action was taken after the district court learned of a contract the county had signed with the RPDO years ago to provide attorneys for capital murder cases. The appeals court two weeks ago ordered a hearing, which was held in district court last week, to determine who Horner wanted to represent him. He told the judge that he wished for the RPDO to continue representing him on the capital murder case. Further, he did not want Ray & Gordon representing him on a related aggravated kidnapping case, so Smith appointed Pamela Fernandez to represent him on that charge. In light of the information that Horner wished to have the RPDO represent him, the court of appeals said Wednesday that the issue at hand seemed to be resolved. Because the appeals court had previously issued a “stay” in the case, effectively pausing the criminal proceedings, now that an opinion has been issued, the appeal’s court lifted the “stay of trial court proceedings” allowing the case to move forward.
10/16/23 Update: Findings of Fact & conclusions of Law. 10/20/23: Notice. 10/25/24 Order appointing counsel. 11/1/23 Update: Next announcement hearing on 11/7/23 @ 9am.
TX - *Tanner Lynn Horner (31/now 32) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County
Case info from 11/30/22 thru 12/12/22 reference post #279 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-14
12/21/22 Update: Wise County jail records now show he's also facing three counts of sexual assault on a child. However, these charges are not related to Strand's death & appear to have been filed in Tarrant County. The charges are related to three separate incidents which all occurred in 2013 in Tarrant County. Next initial appearance in Tarrant County on 1/5/23 @ 10am. No update thru 11/7/23.
 
We might be in for a long wait, @Niner. :(

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
11/07/2023 Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)

Case No. CR24558
AGG KIDNAPPING FACILITATE
11/07/2023 Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023
11/08/2023 ORDER TO PRODUCE DOCUMENTS AND PROTECTIVE ORDER
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)

jail.co.wise.tx.us/PublicAccess/Search.aspx?ID=100
 
PommyMommy said:
We might be in for a long wait, @Niner. :(

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
11/07/2023Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023
02/15/2024Other (9:00 AM) (Judicial Officer Smith, Brock R)

Case No. CR24558
AGG KIDNAPPING FACILITATE
11/07/2023Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
11/01/2023Reset by Court to 11/07/2023
11/08/2023ORDER TO PRODUCE DOCUMENTS AND PROTECTIVE ORDER
02/15/2024Other (9:00 AM) (Judicial Officer Smith, Brock R)

jail.co.wise.tx.us/PublicAccess/Search.aspx?ID=100
Click to expand...

Thanks for the info! Yep - a very long wait until the next hearing.... wonder why it is taking so long...
 
Niner said:
Thanks for the info! Yep - a very long wait until the next hearing.... wonder why it is taking so long...
Click to expand...

Because the perpetrator has nothing to lose by stringing this out as long as possible. It is basically a slam dunk case. No doubt he did it. So, let's just mess around forever.

In a way, that is the problem with death penalty cases. The court wants to bend over backwards so nothing is overturned. The perpetrator wants to delay the process as much as possible. Obfuscate. Perfect word for this.

Hanging out in jail, is way better than being in the "box" on death row. Zero privileges.
 
“I was robbed of watching her grow up by a man that everyone was supposed to be able to trust to do one simple task. deliver a Christmas present,” Athena’s mother Maitlyn Gandy said earlier this year.

Gandy has filed a civil lawsuit against Horner.

Horner has pleaded not guilty to his criminal charges which include capital murder, aggravated kidnapping and sexual assault of a child.

Earlier this year, the case was temporarily paused after courts decided Horner needed to replace his court-appointed attorney with lawyers from the Regional Public Defenders Office, which handles death penalty cases.

“I think all of us in law enforcement want to see the punishment is fitting of the crime and I would say the vast majority of the people in this office are hoping that it ends in the death penalty,” said Akin.

In an email. Wise County District Attorney James Stainton said, "We are seeking justice for Athena. My trial team and I are ready. The case is ongoing with discovery and motions being heard by the Court. Please say a prayer for Athena and her family."
www.nbcdfw.com

Case continues one year after Athena Strand's murder

One year after Athena Strand was murdered the case is still ongoing as her mother waits for justice.
www.nbcdfw.com www.nbcdfw.com
 
NOV 30, 2023
www.wfaa.com

Athena Strand was killed one year ago in Wise County. Where does the case stand?

Tanner Horner is facing a capital murder charge and the death penalty. His case has slowed due to a commotion over who will represent him at trial.
www.wfaa.com www.wfaa.com
As first reported by the Wise County Messenger, District Judge Brock Smith removed Horner's initially appointed attorneys, Bill Ray and Steven Gordon, after becoming aware of the county's contract with the Regional Public Defender's Office to provide attorneys for capital murder cases.

The Wise County DA challenged that ruling, calling it a "reversible error." The case was paused, and at a hearing last month, Horner spoke in court for the first time, asking the public defender's office to continue representing him.

The delay will likely push a trial date into mid-2024 at the earliest.
 
DEC 1, 2023
Technicalities over attorneys have slowed Tanner Horner case | Fort Worth Star-Telegram
  • Athena disappeared on Nov. 30, 2022. Her body was found two days later at a site along the Trinity River.
  • A Wise County grand jury indicted Horner on Feb. 16 on charges of aggravated kidnapping and capital murder of a child.
  • On March 6, Horner pleaded not guilty at his arraignment hearing in Wise County.
  • In July, a judge ruled to remove Horner’s court-appointed attorneys, B Ray and S Gordon, and replace them with lawyers from the Regional Public Defender’s Office.
  • Gov. Greg Abbott signed the “Athena Alert” bill into law in July.
  • In August, Wise County DA James Stainton asked the Texas Court of Criminal Appeals to rule on what he believed could be “a reversible error” by the judge.
  • Horner appeared in the 271st Dist. Court Oct. 16 to clarify his attorney preference.
  • A date has not been set for Horner’s trial, which may be held in 2024 at the earliest. Athena’s parents, Jacob Strand and Maitlyn Gandy, have filed a wrongful death civil lawsuit against Horner, FedEx and Big Topspin Inc., which is the Dallas-based contractor that employed Horner. Strand and Gandy are asking for a jury trial and damages of more than $1 million, with the amount to be determined by jurors.
 
www.wcmessenger.com

Update for Wednesday, January 3, 2024 - Wise County Messenger

HORNER SEEKS TRANSFER FROM WISE COUNTY JAIL — Attorneys for capital murder suspect Tanner Horner are seeking to have their client moved to Tarrant County, claiming he has not received proper treatment in Wise County since his suicide attempt last May. A hearing was held in 271st District Court...
www.wcmessenger.com www.wcmessenger.com

Jan. 3, 2024
HORNER SEEKS TRANSFER FROM WISE COUNTY JAIL — Attorneys for capital murder suspect Tanner Horner are seeking to have their client moved to Tarrant County, claiming he has not received proper treatment in Wise County since his suicide attempt last May. A hearing was held in 271st District Court Tuesday where defense attorneys Jennifer Turner and Susan Anderson sought a judge’s order to move Horner to the Tarrant County Jail.
[.....]
In their motion, the attorneys said Horner was moved to the jail intake area where he has remained since May of 2023 following a suicide attempt. “Mr. Horner has been previously diagnosed with autism spectrum disorder,” the two wrote in their motion. “The booking area is an area of the jail that involves substantial noise and frequent traffic. Further, because he is housed in the booking area, he has inconsistent access to showers and is unable to access the full range of communication methods offered to other inmates.” The filing says Horner does not have a bed and instead sleeps on a thin mattress and blanket on the floor. They argued that without changes, Horner’s mental health could deteriorate to the point of incompetency. No ruling was made at the hearing. Read more in this week’s Wise County Messenger.
 
There are some new entries on the murder case @Niner, but next court date is the same.

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
11/28/2023 ORDER
11/30/2023 ORDER
11/30/2023 ORDER
12/20/2023 MOTION
12/20/2023 NOTICE
01/02/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)

Case No. CR24558
AGG KIDNAPPING FACILITATE
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)

 
www.fox4news.com

Athena Strand murder suspect denied jail transfer

Tanner Horner, the man accused of murdering 7-year-old Athena Strand in Wise County, will not be moved to another jail. His lawyers had requested the transfer claiming he was subjected to "cruel and unusual punishment."
www.fox4news.com www.fox4news.com

Jan. 11, 2024

WISE COUNTY, Texas - The man charged with murdering a 7-year-old girl in Wise County, northwest of Fort Worth, will not be transferred to another jail.

A judge denied Tanner Horner’s request to be moved from the Wise County jail.
 
Thursday, February 15th:
*Other Hearing (Wise County) – (@ 9am CT) - TX - Athena Presley Monroe Strand (7) – (last seen near the 200 block of County 3573 on Nov. 30, 2022 in Paradise. Reported missing by mom @ 6:40pm on 11/30/22; found deceased along the water’s edge of the Trinity River southeast of Boyd on the evening of Dec. 2, 2022 about 9 miles from her home). *Tanner Lynn Horner (31/now 32) arrested & charged (not formally) (12/3/22), indicted (2/17/23), charged & arraigned (3/6/23) with capital murder (under the age of 10) & 1st degree felon aggravated kidnapping. Bond $1M (murder) $500K (kidnapping). Surety Bond Total $1,545,000. Plead not guilty (3/6/23). DA will seek DP (12/7/22). Wise County
For Murder case public defenders Bill Ray & Steven Gordon. For Aggravated kidnapping attorney Pamela Fernandez.
Case info from 11/30/22 thru 10/25/23 reference post #342 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-18
11/1/23 Update: Next announcement hearing on 11/7/23 @ 9am.
11/7/23 Update: Announcement hearing was reset to 11/7/23. 11/8/23: Order to produce documents & Protective Order. Next other hearing on 2/15/24 @ 9am.
1/2/24 Update: Attorneys Jennifer Turner & Susan Anderson sought a Judge's Order to move Horner from the Wise County Jail to the Tarrant County, claiming he has not received proper treatment in Wise County since his suicide attempt last May. A hearing was held in 271st District Court Tuesday, 1/2/24. In their motion, the attorneys said Horner was moved to the jail intake area where he has remained since May of 2023 following a suicide attempt. “Mr. Horner has been previously diagnosed with autism spectrum disorder,” the two wrote in their motion. “The booking area is an area of the jail that involves substantial noise & frequent traffic. Further, because he is housed in the booking area, he has inconsistent access to showers & is unable to access the full range of communication methods offered to other inmates.” The filing says Horner does not have a bed & instead sleeps on a thin mattress & blanket on the floor. They argued that without changes, Horner’s mental health could deteriorate to the point of incompetency. No ruling was made at the hearing.
1/11/24 Update: Horner will not be transferred to another jail. A judge denied Horner’s request to be moved from the Wise County jail.
TX - *Tanner Lynn Horner (31/now 32) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County
Case info from 11/30/22 thru 12/12/22 reference post #279 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-14
12/21/22 Update: Wise County jail records now show he's also facing three counts of sexual assault on a child. However, these charges are not related to Strand's death & appear to have been filed in Tarrant County. The charges are related to three separate incidents which all occurred in 2013 in Tarrant County. Next initial appearance in Tarrant County on 1/5/23 @ 10am.
 
Niner said:
Thursday, February 15th:
*Other Hearing (Wise County) – (@ 9am CT) - TX - Athena Presley Monroe Strand (7) – (last seen near the 200 block of County 3573 on Nov. 30, 2022 in Paradise. Reported missing by mom @ 6:40pm on 11/30/22; found deceased along the water’s edge of the Trinity River southeast of Boyd on the evening of Dec. 2, 2022 about 9 miles from her home). *Tanner Lynn Horner (31/now 32) arrested & charged (not formally) (12/3/22), indicted (2/17/23), charged & arraigned (3/6/23) with capital murder (under the age of 10) & 1st degree felon aggravated kidnapping. Bond $1M (murder) $500K (kidnapping). Surety Bond Total $1,545,000. Plead not guilty (3/6/23). DA will seek DP (12/7/22). Wise County
For Murder case public defenders Bill Ray & Steven Gordon. For Aggravated kidnapping attorney Pamela Fernandez.
Case info from 11/30/22 thru 10/25/23 reference post #342 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-18
11/1/23 Update: Next announcement hearing on 11/7/23 @ 9am.
11/7/23 Update: Announcement hearing was reset to 11/7/23. 11/8/23: Order to produce documents & Protective Order. Next other hearing on 2/15/24 @ 9am.
1/2/24 Update: Attorneys Jennifer Turner & Susan Anderson sought a Judge's Order to move Horner from the Wise County Jail to the Tarrant County, claiming he has not received proper treatment in Wise County since his suicide attempt last May. A hearing was held in 271st District Court Tuesday, 1/2/24. In their motion, the attorneys said Horner was moved to the jail intake area where he has remained since May of 2023 following a suicide attempt. “Mr. Horner has been previously diagnosed with autism spectrum disorder,” the two wrote in their motion. “The booking area is an area of the jail that involves substantial noise & frequent traffic. Further, because he is housed in the booking area, he has inconsistent access to showers & is unable to access the full range of communication methods offered to other inmates.” The filing says Horner does not have a bed & instead sleeps on a thin mattress & blanket on the floor. They argued that without changes, Horner’s mental health could deteriorate to the point of incompetency. No ruling was made at the hearing.
1/11/24 Update: Horner will not be transferred to another jail. A judge denied Horner’s request to be moved from the Wise County jail.
TX - *Tanner Lynn Horner (31/now 32) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County
Case info from 11/30/22 thru 12/12/22 reference post #279 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-14
12/21/22 Update: Wise County jail records now show he's also facing three counts of sexual assault on a child. However, these charges are not related to Strand's death & appear to have been filed in Tarrant County. The charges are related to three separate incidents which all occurred in 2013 in Tarrant County. Next initial appearance in Tarrant County on 1/5/23 @ 10am.
Click to expand...
I’m somewhat surprised that he isn’t being moved. I would think having little communication opportunities with attorney and mental health support could be grounds for a mistrial down the road? I’m all for punishment here if appropriate but squalid conditions in the meantime don’t make sense to me. Just my opinion.
 
Bostongirl said:
I’m somewhat surprised that he isn’t being moved. I would think having little communication opportunities with attorney and mental health support could be grounds for a mistrial down the road? I’m all for punishment here if appropriate but squalid conditions in the meantime don’t make sense to me. Just my opinion.
Click to expand...
If websleuths only had a downvote. 3 counts of unrelated sexual assaults and Athena's murder. Squalid conditions would be too good for this one IMO.
 
Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)
02/15/2024 ORDER
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Case No. CR24558
AGG KIDNAPPING FACILITATE
02/15/2024 Other (9:00 AM) (Judicial Officer Smith, Brock R)

https://jail.co.wise.tx.us/PublicAccess/default.aspx

o_O
 
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