A judge has denied Tanner Horner's request for a new sentencing trial after his lawyers argued that media coverage intimidated potential witnesses. Horner, 34, pleaded guilty in April to the abduction and murder of 7-year-old Athena Strand and was sentenced to death by a jury in May. Jurors were shown truck surveillance and audio that prosecutors say indicate Athena was alive in the vehicle before being assaulted; her body was later found near a river. The defense cited Horner's autism, bipolar disorder and alleged childhood lead exposure as mitigating factors; the death sentence is automatically appealed under Texas law.
Judge Denies New Sentencing Trial For FedEx Driver Tanner Horner In Athena Strand Murder Case
Athena Strand; Tanner HornerCredit: Wise County Sheriff's Department; Juan Figueroa/The Dallas Morning News via Getty
A judge has declined to grant a new sentencing trial to Tanner Horner, the 34-year-old FedEx driver who pleaded guilty to abducting and killing 7-year-old Athena Strand.
Judge Declines Motion Over Media-Influence Claim
Horner's attorneys argued that widespread media coverage intimidated potential witnesses and prevented them from testifying during the penalty phase, making a fair sentencing proceeding impossible. Prosecutors disputed that claim. The judge did not issue a ruling before a July 20 statutory deadline, which resulted in the motion being automatically denied.
Guilty Plea, Sentencing, And Evidence Shown To Jurors
Horner pleaded guilty in April to the November 30, 2022 murder of Athena Strand in Paradise, Texas — an incident that occurred while he was delivering a package to the Strand home. Although he entered a guilty plea, the case proceeded to a jury to decide whether he should receive the death penalty. In May, the jury returned a death sentence after roughly three hours of deliberation.
Athena StrandCredit: Wise County Sheriff's Department
During the sentencing phase, jurors viewed surveillance footage from inside Horner's delivery truck. The video showed Athena awake in the vehicle and speaking to Horner before he covered the camera. Audio from the recording was played for the jury and, according to prosecutors, suggested Horner then sexually assaulted and attacked the child. Athena's unclothed body was later found dumped near a river.
Defense Mitigation Arguments
The defense urged the jury to impose life without parole instead of death, citing several mitigating factors: Horner's diagnoses of autism and bipolar disorder and alleged childhood exposure to lead. The jury rejected those arguments when imposing the death penalty. Because the conviction is for capital murder, the sentence is subject to an automatic appeal under Texas law.
What Comes Next
Horner's legal team may pursue appeals and other post-conviction remedies available under Texas law and federal procedures. The automatic appeal of a death sentence will review the case record, including whether procedural issues, such as the witness-intimidation claim, affected the fairness of the proceedings.
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