A high-profile and emotional capital murder trial is set to begin in a Tarrant County courtroom this week.<\/p>\n
Tanner Horner<\/a>, the man accused in the 2022 death of 7-year-old\u00a0Athena Strand<\/a>, will soon face a jury and could be sentenced to the death penalty if convicted. His trial is set to begin this Tuesday.<\/p>\n FedEx driver allegedly strangled Athena Strand after accidentally running her over, according to arrest affidavit<\/p>\n According to arrest records,\u00a0Horner was delivering a package containing a Christmas gift<\/a>\u00a0to Athena’s home when he allegedly hit her with his FedEx truck as he backed out of the driveway.<\/p>\n Horner allegedly told investigators that Athena was not seriously injured after he struck her, but that he “panicked” and took Athena into his van, worried she would tell her father what happened.<\/p>\n Video from inside the truck showed Horner talking to Athena, and he later told detectives that she even told him her name, according to an affidavit.<\/p>\n Tanner Horner indicted for murder, kidnapping of Athena Strand<\/p>\n Horner was\u00a0indicted<\/a>\u00a0on Feb. 16, 2023, for aggravated kidnapping and capital murder of a person under the age of 10.\u00a0<\/p>\n Wise County District Attorney James Stainton previously said he\u00a0intends to seek the death penalty<\/a>. Horner\u00a0pleaded not guilty<\/a>\u00a0to aggravated kidnapping and capital murder in 2023.<\/p>\n Legal expert says case may hinge on confession, sentencing phase<\/p>\n Legal analyst and former U.S. Attorney Paul Coggins said this case may ultimately come down to sentencing, depending on what evidence is allowed in court.<\/p>\n “The nature of the victim, that’s brought this case a huge amount of attention, the young age of the victim, the vulnerability of the victim,” said Coggins.<\/p>\n With a confession expected to play a central role, legal experts said the defense could face an uphill battle.<\/p>\n “If that confession comes in… the guilt and innocence phase of the trial will be pretty cut and dry,” Coggins said.<\/p>\n Horner’s defense is expected to focus heavily on an autism argument, trying to avoid the death penalty.<\/p>\n “Then you will get into where the defense is really focusing its efforts, and that’s for the sentencing phase… arguing that because of his autism, he falls within that line of cases where they cannot be executed,” Coggins said.<\/p>\n Jury selection, months in the making, is another critical piece.<\/p>\n “They say the case is won or lost at jury selection, and I think the jury selection part of this is going to be huge,” Coggins said.<\/p>\n