Defense argues accused Athena Strand killer shouldn’t face death penalty
Defense attorneys for Tanner Horner, the FedEx driver accused of killing Wise County girl Athena Strand, say the suspect shouldn’t face the death penalty due to his autism.
Horner’s capital murder trial is scheduled to begin April 7 in the 297th District Court in Tarrant County. The attorneys filed a motion Tuesday, Jan. 13, seeking to remove the death penalty as a sentencing option.
“Mr. Horner’s autism spectrum disorder (ASD) reduces his moral blameworthiness, negates the retributive and deterrent purposes of capital punishment and exposes him to the unacceptable risk that he will be wrongfully sentenced to death,” the motion states.
Horner, a FedEx contract driver, delivered a Christmas gift of Barbies intended for Athena to her father’s home near the Wise County town of Paradise on Nov. 30, 2022. The 7-year-old went missing at the time of the delivery, and her body was found two days later at a site along the Trinity River, less than 10 miles from the house.
According to the arrest warrant affidavit, Horner confessed to authorities and said that he backed into Athena with his FedEx truck. She wasn’t seriously hurt, but he kidnapped her, strangled her and killed her so she couldn’t tell her father about the accident, he said.
A Wise County grand jury indicted Horner in February 2023 on charges of aggravated kidnapping and capital murder of a child. The next day prosecutors with the Wise County District Attorney’s Office filed notice with the 271st District Court that they intended to seek the death penalty for Horner if he’s convicted of capital murder at trial.
The trial was moved to Tarrant County after defense attorneys asked for a change of venue, citing pre-trial publicity as a barrier to Horner receiving a fair trial in Wise County.
On Dec. 4, Horner’s attorneys filed a motion to suppress the suspect’s police interrogations. They argued that even though Horner properly invoked his right to consult with an attorney, the interviews continued without one.
Horner is awaiting trial in the Tarrant County Jail. Former state district court Judge George Gallagher has been appointed to preside over the case.
This story was originally published January 14, 2026 at 4:44 PM.
