April 30, 2026
BRAIN SCANS FOR ATHENA'S KILLER, FOOLIO'S HUNTERS ON TRIAL & DAD WHO BURIED HIS KIDS DODGES DEATH
Tanner Horner's defense plays the trauma card in Texas, four men face capital charges for a rapper's birthday ambush, and a Georgia father escapes execution for unspeakable crimes.
Garret returns with three death penalty stories pulling the system in different directions. In Texas, Tanner Horner's defense team marches teachers, a former pastor, an ex-girlfriend, and brain scientists past the jury — every lever pulled for the man who admitted murdering seven-year-old Athena Strand. In Florida, opening statements begin in the trial of four men accused of hunting down Jacksonville rapper Julio Foolio at his Tampa birthday party. And in Georgia, the father who buried his children in trash bags in the backyard pleads guilty in a deal so disappointing the prosecutor said it himself: this is certainly not justice.
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Join the Daily Crime & Justice community on social media! We're building a passionate group of true crime enthusiasts who love diving deep into the most shocking cases in America.
Follow us on Facebook and Instagram by searching "Daily Crime & Justice" on either platform.
You'll get exclusive behind-the-scenes content, breaking news updates on cases we're covering, and early alerts when new episodes drop. Our social media is where Garret Fisher's hottest takes live, including reactions that don't make it into the show.
But more importantly, it's where YOU come in. Share your theories, debate the verdicts, and connect with fellow listeners who are just as obsessed with justice as you are. Did the jury get it right? What questions do you still have? Your comments and insights often shape future episodes.
We cover the trials that matter, but our community makes the conversation unforgettable. Come for Garret's signature cynical commentary, stay for the incredible discussions with thousands of true crime fans who get it.
Garret returns with three death penalty stories pulling the system in different directions. In Texas, Tanner Horner's defense team marches teachers, a former pastor, an ex-girlfriend, and brain scientists past the jury — every lever pulled for the man who admitted murdering seven-year-old Athena Strand. In Florida, opening statements begin in the trial of four men accused of hunting down Jacksonville rapper Julio Foolio at his Tampa birthday party. And in Georgia, the father who buried his children in trash bags in the backyard pleads guilty in a deal so disappointing the prosecutor said it himself: this is certainly not justice.
Join our new FB groups page here. Take the poll!
Join the Daily Crime & Justice community on social media! We're building a passionate group of true crime enthusiasts who love diving deep into the most shocking cases in America.
Follow us on Facebook and Instagram by searching "Daily Crime & Justice" on either platform.
You'll get exclusive behind-the-scenes content, breaking news updates on cases we're covering, and early alerts when new episodes drop. Our social media is where Garret Fisher's hottest takes live, including reactions that don't make it into the show.
But more importantly, it's where YOU come in. Share your theories, debate the verdicts, and connect with fellow listeners who are just as obsessed with justice as you are. Did the jury get it right? What questions do you still have? Your comments and insights often shape future episodes.
We cover the trials that matter, but our community makes the conversation unforgettable. Come for Garret's signature cynical commentary, stay for the incredible discussions with thousands of true crime fans who get it.
WEBVTT
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Kalaroga Shark Media. Good morning. I'm Garrett Fisher. This is
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Daily Crime and Justice for Thursday, April thirtieth, twenty twenty six.
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Three stories today, three death penalty cases, three different ways.
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The criminal justice system is trying to figure out what
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to do with people who have done genuinely indefensible things
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to children. And I want to tell you upfront, I
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am not going to make this a clean half hour.
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There is no clean version of any of this. In
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Fort Worth, the defense for Tanner Lynn Horner has been
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running for over a week now. You remember Tanner Horner,
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the FedEx contract driver who admitted he hit seven year
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old Athena Strand with his van, panicked, put her in
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the truck, and killed her. He pleaded guilty April seventh.
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The jury is now deciding whether he lives or dies,
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and his defense team has spent the last week parading
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every every adult Tanner Horner ever knew past, the witness stand,
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the fifth grade teacher, the speech pathologist, the pastor, the
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childhood best friend, the brain scientist, building the mitigation case
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of their lives. In Tampa, opening statements just wrapped in
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the trial of four men accused of murdering Jacksonville drill
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rapper Julio Fulio at his twenty sixth birthday party. We
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brought you this case in October twenty twenty five, when
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his girlfriend, Alicia Andrews was convicted of manslaughter for her role.
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Now her boyfriend Isaiah Chance is on trial alongside three
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other men. They all face the death penalty. And in Springfield, Georgia,
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a courtroom in Effingham County, Elwyn Crocker Senior stood up
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Monday and pleaded guilty to murdering both of his children,
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fourteen year old Jr. Thirteen year old Mary. He buried
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them in trash bags in his backyard. The prosecutor stood
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up afterward and said something I haven't heard a prosecutor
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say in a long time. He said, this is certainly
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not justice, and here is the kicker. He meant it
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three stories, three sets of children whose names you should know.
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Athena Junior, Mary, and the people in Tampa whose lives
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were ripped apart on a Sunday morning at five am
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at a holiday inn. Let me walk you through it.
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This is methodical territory. Let's start in Texas because we
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are deep in this trial now, and I owe you
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the update if you're new, and if you are welcome,
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you've picked a heavy week. Tanner Lynn Horner is the
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FedEx contract delivery driver who killed Athena Strand on November thirtieth,
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twenty twenty two. Athena was seven years old. She lived
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in Cottondale, Texas. She had spent the day in her
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first grade classroom, came home, was sorting laundry in the
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storage shed that doubled as her bedroom, and she answered
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the door when a delivery man pulled up with a
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Walmart box of Barbies Christmas presents her stepmother had ordered.
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Horner hit her with the van. She wasn't seriously hurt.
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He panicked. He got worried she would tell her father.
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He tried to break her neck in the back of
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the truck. When that didn't work, he strangled her with
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his hands. Then he dumped her body in the Trinity River,
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fifteen miles from her home, and went back to work
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delivering packages. On April seventh, before a single witness was called,
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he stood up in court and pleaded guilty. So this
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jury is not deciding whether he did it. They're deciding
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whether he lives or dies. Capital murder of a child
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under ten. In Texas, there are two sentences, death by
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lethal injection or life without parole. There is no third option.
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The prosecution rested April sixteenth, after laying out their case
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in clinical devastating detail. They played the audio recording of
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a Athena's final moments. They put her parents on the stand.
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They walked the jury through the DNA evidence male DNA
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on Athena's body in places it should never have been
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on a seven year old girl. They showed the children's
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clothing investigators found at Horner's home. They put two women
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on the stand who said Horner had sexually assaulted them,
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one when she was sixteen and he was twenty one.
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The case the state put on was frankly overwhelming. And
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now we are in the defense's mitigation phase, which is
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what I want to walk you through tonight, because this
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is where capital cases get strange. Day eleven was last Friday.
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Day twelve was Monday, and the defense is making the
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argument that this jury should look at Tanner Horner's life
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and conclude that the right sentence is life without parole
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instead of death. To do that, they have to humanize him.
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They have to find every adult who ever looked at
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Tanner Horner and saw something other than the man who
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killed Athena Strand. So they are braininging those people in
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on Friday Day eleven. They started with his fifth grade teacher.
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She didn't have him for a full year, didn't remember
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much about his home life, but she remembered Tanner struggled socially.
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Other kids thought he was odd. There was an incident
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where he came to school with shampoo still in his hair.
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Picture that a ten year old boy showing up to
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fifth grade with shampoo dried into his hair because nobody
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at home noticed. Then Beth Weaver, a speech language pathologist,
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testified that she worked with Tanner around two thousand and
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three or two thousand and four when he was part
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of an in home facilitator program. She helped him with
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coping behaviors. He was a child who needed help coping.
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Then the defense brought out the heavy artillery doctor Jeffrey
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David Lewen, neuroscientist. He walked the jury through brain scans
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they had performed on Horner MRI PET And here's where
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the defensive strategy got interesting, because Louen had to be
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honest about something. The doctors who originally interpreted those scans,
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found nothing abnormal, no structural damage, no lesions, no obvious
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signs of brain injury. Lewen then said that he himself
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had identified abnormalities in what he called the social cognition system.
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But he also conceded, and this is important, that those
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abnormalities would not impair Horner's ability to drive a van
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or read a map, Which is the defense quietly admitting
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that whatever's wrong in there, it didn't stop Tanner Horner
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from doing his job, from planning his route, from understanding
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what he was doing. Then doctor Aaron Bigler, a clinical neuropsychologist,
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gave a long overview of the brain the lobes, how
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MRI and pet and EEG work how toxic exposure and
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neurodevelopmental disorders can affect brain function. This is groundwork. The
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defense is laying the foundation for the argument they have
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been building from day one. That Tanner Horner's mother drank
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while she was pregnant with him, That he was exposed
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to massive amounts of lead as a child, That this
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is a damaged brain that cannot be held to the
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same standard as yours are mine. Look, I'm gonna be
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honest with you I take fetal alcohol exposure seriously. I
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take lead poisoning seriously. There are real, established, peer reviewed
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effects of those things on developing brains. The defense is
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not making things up out of whole cloth. There is
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a legitimate body of science here. But there is also
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a question that the prosecution is going to ask in
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closing arguments, and that question is, millions of people have
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difficult childhoods, millions of people have brain abnormalities. The vast
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majority of them do not lure seven year old girls
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into delivery vans and strangle them with their hands. So
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what does any of this actually explain? Day twelve was
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two days ago in real time, and on Monday, the
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defense pivoted from doctors to people who actually knew Tanner Horner.
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This is, in some ways the more powerful testimony because
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it forces the jury to look at him as a
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human being. Marie, a special education professional whose last name
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was withheld, testified off camera. She said Tanner Horner was
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a special education student who was generally a pleasant young man.
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He could problem solve issues with other kids. He had
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a few rare incidents where he couldn't control his emotions
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and got physical, but most of his disciplinary issues were
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dress code violations. Then a man named Gary, Tanner's former pastor,
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took the stand, and this is where things got heavier.
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Gary said Tanner was a kid like any other in
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the youth ministry, not disruptive, trying to find his place,
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a loner in his words. But then Gary said something
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that should land hard. He said Tanner became a different
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person when the VA changed his medication. He became angry, agitated,
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and listen to this. He had a bag with a
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sack of knives in it. That's the pastor, the man
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whose job it was to see the best in Tanner Horner,
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telling the jury off camera that the kid showed up
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to youth group with a bag of knives. Then Ruby
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took the stand. Ruby was Tanner Horner's best friend, going
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back to fifth grade. They hung out on the playground together,
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talked about Harry Potter, went to church together. They dated
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briefly in high school. Ruby described him as sweet, endearing,
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said he treated her well, was never violent toward her,
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and then she said they broke up because she wanted
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to date somebody else, and he got mad. That last
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detail he got mad is going to land with the jury.
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Whether the defense intended it to or not, because that
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is the through line. Dan Her Horner is a man who,
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when something doesn't go his way, decides to control the situation.
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He couldn't keep Ruby, so he got mad. He couldn't
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accept that Athena Strand might tell her father he'd hit
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her with a van, so he killed her. Same impulse
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twenty years apart, taken to its monstrous conclusion. The day
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ended with doctor Amy Fritz, another speech language pathologist she
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had evaluated Horner, met with him for two days in jail,
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and she did something the defense really did not want
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her to do. She testified that her assessment of him
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change after she watched the abduction video. She said, the
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language he used in that van talking to Athena, the
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seven year old he was about to kill, turned and
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I am quoting court TV here horrific. She is the
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defense's own expert, and she had to look the jury
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in the eyes and tell them what was on that
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tape made her see him differently. That is where we
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are heading into Day thirteen, which started today. The defense
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is still putting on their case. Closing arguments and the
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jury's decision are still ahead. But the picture that's emerging
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from the witness stand is not the picture the defense wanted.
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It's a picture of a man with real difficulties who also,
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for his entire life, has shown the same warning signs,
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a temper when things don't go his way, isolation, a
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sack of knives, a pattern. Nobody was paying attention to him.
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And here we are when we come back. Tampa, June
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twenty third, twenty twenty four, five am a holiday in
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parking lot and four men who prosecutors say drove three
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hundred miles to put a rapper in a coffin on
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his birthday. Returning listeners, you remember this case. October twenty
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twenty five, we brought you the original story. November twenty
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twenty five, we brought you the verdict on Alicia Andrews,
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the girlfriend of the lead defendant, convicted of manslaughter. February
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twenty twenty six, we brought you the appeals drama where
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her sentencing judge got removed. Now we are at the
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main event. The four men prosecutors say actually pulled the triggers,
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and the one who the state says told them where
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to point the guns. Quick refresher Charles Jones twenty six
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years Old performed under the name Juliofulio, Jacksonville drill rapper,
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documented member of a Jacksonville street gang called six Block.
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Six Block was and is in an open shooting war
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with two rival factions in Jacksonville called Ace's Top Killers
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known as a t K, and another crew called twelve hundred.
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The rivalry plays out in the streets and on social
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media in equal measure, drill rap videos taunting dead rivals,
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post naming names, real bodies, virtual receipts. June twenty third,
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twenty twenty four, Fulio is in Tampa for his twenty
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six bay. He has been posting about the trip on Instagram,
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the Airbnb, the pool, party, the clubs, everywhere he is going.
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Around five am, he is in the parking lot of
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a holiday inn near the University of South Florida. Surveillance
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video from a home two suites next door captures what
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happens next. Vehicles pull up, men get out. They start
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shooting at the cars. Fulio and his group are in
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thirty one to nine millimeters shell casings recovered bullets in
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occupied hotel rooms bystanders shot. A bullet goes through an
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air conditioning unit and damages a family's betting while their
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kids are screaming. A wife on a college move in
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trip has burns on her leg from shrapnel, and Fulio
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is dead, found in a defensive position inside his own car.
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On trial right now. Four men, Isaiah Chance twenty three,
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Sean Gathwright twenty Rashad Murphy thirty two, Davian Murphy twenty nine.
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All of them face the death penalty. The fifth defendant,
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Alicia Andrews, Chance's girlfriend, was tried separately last fall and
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got manslaughter. She was the only one not gang affiliated
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and the only one not on death row. The judge
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presiding here is Michelle Cisco, the same judge who handled
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Andrew's trial. The defense tried to get her removed for
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bias and won at the appeals court level on Andrews's sentencing,
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only she kept this case. Day one was last Tuesday.
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Opening statements, the prosecution laid out a theory that should
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sound familiar if you've been following this kind of case.
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This was not a random shooting. This was a hunt.
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The state says these four men drove together from Jacksonville
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to Tampa, tracked Fulio through his Instagram posts, identified the
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hotel where he ended up waited for him in the
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parking lot and unloaded on his vehicle. Coordinated calculated team attack.
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One defendant, they say, kept firing a rifle at Fulio's
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dodge charger as it tried to ass escape the scene.
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Isaiah Chance's defense did what defendants in joint trials always
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do when they have the chance. They blamed the other guy.
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Chance's lawyer pointed at Rashad Murphy and essentially said, that's
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your shooter. My client wasn't even there in any meaningful way.
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The state can't prove he intended a murder, can't prove
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he knew the plan, can't prove he did anything to help.
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Whether that flies with the jury is going to depend
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