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Jacob Strand, father of Athena Strand, the 7-year-old girl who was kidnapped and strangled by a FedEx driver outside of Dallas in November, has launched a million dollar lawsuit against the delivery company and the suspect, Tanner Horner.
Strand vanished from her father’s home in Wise County on November 30, her body was recovered two days later. Horner, 31, told investigators that he accidentally hit Strand with his truck, ‘panicked,’ and then finally, he strangled her to death.
In the new lawsuit, Jacob Strand also names the contractor hired by FedEx that employed Horner, Big Topspin.
One section of the lawsuit alleges that FedEx put ‘dangerous persons in a position of trust’ even though Horner wasn’t employed directly by the packaging giant. Another section accuses FedEx of having ‘significant control’ of people who come to their customer’s homes.
Jacob Strand, father of Athena Strand, the 7-year-old girl who was kidnapped and strangled by a FedEx driver outside of Dallas in November, has launched a million dollar lawsuit against the delivery company
Jacob Strand argues that neither FedEx nor Big Topspin ran a proper background check on the suspect. He has no known criminal history.
Big Topspin serves the area where Strand was last seen, the van driven by the suspect is owned by FedEx and the suspect was authorized to wear the company’s uniform, the lawsuit says.
A statement on Strand’s employment from FedEx read: ‘The employees of these service provider companies are subject to criminal history background checks as part of the driver eligibility process.’
The press release continued: ‘As is common across the industry and considered standard employment practice, the background check process is administered by a third party.’
Tanner Lynn Horner, 31, told investigators that Athena Strand wasn’t seriously hurt after he hit her while backing up, but he panicked and put her in his van. He said she was talking to him and told him her name
The young girl’s body was found just six miles from where she was taken
The slain girl’s family is seeking over $1 million in damage. In a brief statement, FedEx said that they were of the suit adding: ‘Our thoughts remain with the family of Athena Strand in the wake of this tragedy.’
In addition to the money, Jacob Strand’s wants the lawsuit to be decided by a jury trial in Wise County District Court.
Horner is facing charges of capital murder and aggravated kidnapping. He is being held on a $1.5 million bail.
Athena Strand’s funeral was held on December 9.
The lawsuit mentions other criminal cases involving FedEx drivers including the case of a New York-based driver who killed a woman and then burned her home to the ground.
One section reads: ‘FedEx has continued their normal business operations although it is clear that their current efforts, if any, to ensure, that they are not putting dangerous persons in a position of trust wearing FedEx uniforms, driving FedEx branded vehicles and sending them to the doorsteps of the homes of nearly every person in America is woefully inadequate to avoid endangering the public.’
Strand’s mother, Maitlyn Gandy, has hired a private legal team to investigate the circumstances around her daughter’s death. She has previously called delivery employees to be forced to meet high standards, according to the Dallas Morning News.
Horner, 31, confessed to police to abducting and killing Athena Strand, 7, Wednesday afternoon. Authorities are now seeking the death penalty in his case
Horner earlier told investigators that Strand wasn’t seriously hurt after he hit her while backing up, but he panicked and put her in his van. He said she was talking to him and told him her name, according to an affidavit.
But Horner said he didn’t want her to tell her father what happened, so he first tried to break the girl’s neck and when that didn’t work he strangled her with his hands in the back of the van, the warrant said. The warrant said Horner took investigators to where he’d left Athena’s body.
The affidavit also revealed that Horner’s FedEx truck was equipped with a video camera. Feeds from the video showed Horner bringing a girl resembling Athena into the truck.
Horner could be seen speaking with girl inside the truck in the video. It is unclear if he could be seen attacking her in the footage.
The affidavit describes in horrifying detail how Horner murdered the seven-year-old in cold blood.
Maitlyn Gandy — the mother of Athena Strand — told how Tanner Lynn Horner, 31, was delivering a Christmas present for her daughter when he allegedly kidnapped and killed her
‘The defendant stated when he attempted to break Athen’s neck it did not work so he strangled her with his bare hands in the back of the FedEx truck.’
‘During the course of the interview the Defendant again stated he strangled Athena because she was going to tell her father about being hit by the FedEx truck the Defendant was operating.’
At a news conference last week, Maitlyn Gandy told how Horner, was delivering a You Can Be Anything Barbie to Strand’s father and stepmother’s house in Paradise, Texas, last Wednesday when he allegedly snatched the young girl and killed her.
‘This package is the first time I’m seeing it,’ Gandy said of the now-opened Walmart box, as she explained that the Barbie dolls were set to be a Christmas present for her daughter.
‘Athena was robbed of the opportunity to grow up to be anything she wanted to be — and this present, ordered out of innocence and love, is one she will never receive.’
Texas authorities said Horner’s case is scheduled to be turned over to the district attorney next week.
In the meantime, the Wise County Sheriff’s Office will continue to follow-up on tips they receive from the public so they can build an air-tight case against him.
‘Because of the age of the child, and because it was an abduction, we are going to pursue the death penalty,’ Sheriff Lane Atkin told WFAA.
Gandy vowed she will continue to seek justice for her daughter.
‘I will spend the rest of my life fighting for her so that no other family will endure such unbearable pain and grief,’ she said.
‘A monster attempted to take Athena’s voice — but we are her voice,’ Gandy told reporters Thursday, adding: ‘Screening and hiring policies must be put into place so that monsters wearing delivery uniforms don’t show up on our children’s footsteps.’
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