Tanner Horner sentenced to death for the murder of 7-year-old Athena Strand

FORT WORTH, Texas - It took jurors less than three hours to sentence Tanner Horner to death for the murder of 7-year-old Athena Strand in Wise County in 2022.

The former delivery driver showed no emotion as he stood listening to the sentence. 

But it was a different story in the gallery. There were quiet sobs from the Strand family's section. Her mother, father, other relatives, and supporters shed tears when they heard the decision.

It's unclear if Horner had any family members in court.

This was Wise County Prosecutor James Stainton's first death penalty case. He described the experience as being very difficult.

There were two special questions the jury faced. First, do you consider Horner to be a continuing threat to society? Their unanimous answer was yes. Second, are there mitigating circumstances that should exclude Horner from receiving the death penalty? That answer was no.

There will be an automatic appeal process by law with death penalty cases.

Live Updates

3:20 p.m. Wise County DA reacts to the verdict

When asked about the verdict, Stainton said both he and Athena's family are happy about the outcome.

"It's something that I don't think any parent should ever have to go through. I was proud to work with them. I still am. And, they're hurting. They feel good about the verdict. They feel like it's justice. I agree with them. But they're hurting, as you might imagine," he said. "I mean, you want to be excited, but obviously that has to do with the death of another human being. And so you're metered in that respect. I'm satisfied that that is justice. I've believed that that's justice since the beginning. But it's also tempered with the fact that, you know, he will die at some point in the future."

He said he had a lot of concerns about the wellbeing of the jury and personally asked each of them if they are okay.

2:50 p.m. Reactions

Elijah Strand, Athena's uncle, spoke directly to Horner after the verdict was read. 

"You did not just take a life, you destroyed a family," he said. "You will be judged. You will face the wrath of God. And I want you to know that you are nothing. You are a footnote in Athena's story. Her name will forever be celebrated and everyone will forget you."

The rest of her family told reporters that they were not yet ready to comment on the outcome of the trial.

The attorneys were expected to share their comments on the verdict after talking to jurors.

2:25 p.m. Sentenced to death

Jurors have sentenced Horner to death for Athena's murder.

Their verdict was unanimous on both questions. The jury said yes, he is a continuing threat to society even in prison, and no, there are no mitigating circumstances to warrant the sentence of life in prison without parole rather than the death sentence.

2:05 p.m. Verdict reached

Jurors sent word that they had reached a verdict after about two and a half hours of deliberations.

12:45 p.m. Jury request

The jury sent a note requesting to see the videos, the letter from the inmate "Chicken" and Athena's rape kit. They requested other things but the judge only granted these three. 

Judge Gallagher said he would allow them to deliberate until 7 p.m. on Tuesday. If they have not reached a verdict, he'll send them home, and they'll return tomorrow to continue.

11:30 a.m. Deliberation

Jurors began deliberating a sentence.

11 a.m. DA's final arguments

DA Stainton asked jurors if Horner was merciful?

"I believe giving him access to anyone else in life in prison is a mistake," he said. "He should never have access to hurt anyone again, ever."

When talking about remorse, the DA reminded jurors that Horner continued to lie and make up stories through January 2026.

"That is not someone who's taking responsibility for their actions. That is somebody who continues to lie, divert, and is attempting to continue to change the narrative about themselves," he said.

He reminded them about the video from inside Horner's delivery truck. Horner can be heard telling Athena to take off her clothes.

"That's not A to Z, stopping off in the middle to sexually gratify yourself on the child you just kidnapped. That's not catastrophe. That's is true predator," he said.

He pointed to all the experts who said they never would have expected Horner to hurt a child or sexually assault her. 

"They were wrong, absolutely wrong. So, anybody who comes up here and tells you today that they can somehow predict the lethality of this man at a later date is wrong," Stainton said. "We know he has a capacity for maximum violence. He has a capacity for victimization. He has a propensity for sexual assault."

The DA suggested that the stress in Horner's life was the result of his own poor decisions.

"You know, you're not going to keep a job if you're out doing coke on the weekends and partying. You're not going to keep a job if you stay up all night and play video games. You're not going to keep a job or a relationship if you're doing acid on a regular basis. These are all things that are somebody's choices. They don't have anything to do with any disabilities or deficits that you have," he said.

He talked about the accusations of sexual assault from Horner's past.

"The level of, abuse that he has inflicted upon this little girl and this family are unfathomable. The level of lies, the multiple different versions of whatever truth it is, that video. Everything you saw. It's important. Athena is important. Justice for her. It's important. And justice in this case has one result," he said.

10:15 a.m. Lead defense attorney's arguments

Anderson, Horner's lead defense attorney, talked to jurors about Horner's background and the mitigating factors that go into deciding whether he should be sentenced to death.

"Especially in this case, you have to understand child development, because understanding how a child develops is key to understanding the man Tanner is today, but also the person that was in that van on November 30th of 2022," she said.

Anderson reminded the jurors of Horner's fetal alcohol syndrome disorder, ADHD and autism diagnoses, and troubled upbringing. 

"He bounced between schools. He bounced between homes. He bounced between caregivers. He even bounced between rehab facilities with his mother. That is not stability. He moved out of the safety and security of his grandmother's home into a drug rehab facility. And where was his dad during all of this? Well, we knew that his father had legal problems. We knew that his father was an addict. We knew that his father was in and out of his life as much as his mother was, if not more. But during this phase of development, that was when one of the worst things that had happened to Tanner occurred," she said referring to Horner's own sexual assault.

She also talked about Horner's stress at home because of money issues, problems with his fiancée, and his job route changes.

Anderson reiterated Horner's most recent version of what happened – that he killed Athena because she saw him snorting cocaine.

"And if she told, he would lose his job. If he lost his job, he would lose his car. If he lost his car, he wouldn't be able to have transportation for the baby. If he didn't have transportation for the baby, something could happen. He couldn't do this. It just kept snowballing in his mind," the defense attorney said. "Now there was no planning. There was no premeditation. There was no preparation."

She told the jury it's natural for them to be angry.

"We should be angry. We should be furious that her life was taken from her in that manner. We have every right to be and we should be. And it's natural for us to want to know why this happened. But you know what? We won't ever know why it happened," Anderson said.

She argued that once Horner made the bad decision to take Athena, it snowballed out of control and he didn't know how to get out of it. He wasn't able to reason and think about the consequences of his actions, she said.

At the end of the day, she said Horner confessed to the crime, led investigators to Athena's body, pleaded guilty knowing that he'd spend the rest of his life in prison, and showed remorse.

She asked the jurors to show mercy.

9:50 a.m. Defense arguments

Steven Goble, Horner's defense attorney, started out by thanking jurors for their time. He also reminded them that the punishment phase is different than the fact-finding phase.

"I told you that this is going to be your individual moral judgment," he said.

He encouraged them to make their own decision on whether there's a probability that Horner would commit criminal acts of violence that would constitute a continuing threat to society. 

"They didn't put on any evidence that Tanner Horner is going to be a continuing threat to society in prison, nothing," Goble said.

The defense pointed out that investigators questioned Horner for a second time on Dec. 7, 2022 after he had a court-appointed attorney.

"And what he did was offer to plead guilty, to plead no contest, to accept a minimum of life without parole. And he wanted out for Christmas and they mocked it. He wanted out for Christmas with his son and they made fun of him, like that wasn't reasonable. He could have been out that day if he'd had cash. He had a bond. Him going home for Christmas was not unreasonable," the defense argued.

He also said prosecutors misrepresented the evidence of sexual assault because the medical examiner's report does not include any sign of sexual trauma or DNA found inside Athena's body. Instead, the DNA evidence was from exterior source like clothing.

"Unfortunately, we know Tanner undressed Athena. Tanner covered Athena's mouth. This report doesn't tell us anything more than that," Goble said.

He argued that the state must prove beyond reasonable doubt that Horner is going to be a continuing threat to society in the prison setting.

"He just isn't," Goble said.

9:30 a.m. Closing arguments

Wise County District Attorney James Stainton began by telling jurors this case will require them to make a tough choice.

"We all know this. But the right thing is often the toughest choice," he said. "You heard the facts. When I came up here in opening, I told you I was going to put as close as you could be without actually being there. And I did not lie."

The DA pulled Horner's shoes out of an evidence bag and showed the jury the treads.

"If the facts were not bad enough, if the sexual assault wasn't bad enough, the level of violence that one person can inflict on a child, including stomping them with a pair of shoes. And I don't wonder where that tread print came from anymore because we know," he said.

Stainton accused the defense of making a lot of excuses.

"There's going to be a lot of talk about, you know, his deficits and disabilities and things of that nature. But let's remember this. Everything they're telling you is an excuse," he said.

He encouraged the jurors, if they have any doubts, to re-watch the video from inside the FedEx truck.

"This person driving this vehicle is cool, calm and obviously, you know, lethal. So, are you going to believe what you hear up here, that this person is basically can't even get up in the morning? Or are you going to believe your eyes and what you see and hear? The only sentence in this case that gives justice to her is answering those two questions: yes and no," the DA said.

9:20 a.m. Guilty of capital murder

Jurors quickly reached a guilty verdict. The judge gave them instructions on assessing a punishment after the attorneys give closing arguments. They must answer whether Horner is a continued threat to society. If that answer is yes, they must then answer whether there are mitigating circumstances to warrant the sentence of life in prison without parole rather than the death sentence.

"Punishment for the offense of capital murder is confined by imprisonment in the Texas Department of Criminal Justice for life or by death," said Judge George Gallagher. "Each of you must decide the case for yourself, but only after an impartial consideration of the evidence with your fellow jurors."

9:05 a.m. Jury charge

The jury was charged with finding the guilt of the defendant guilty as charged in the indictment. Horner has already pleaded guilty, but jurors must still come to a unanimous decision to accept that plea.

9 a.m. Defense motion

The defense filed a last-minute motion to preclude the imposition of the death penalty based on the media attention the case has received.

"Because this media attention has been so widespread, it is impossible for Tanner to get a fair trial in violation of the 5th and 14th Amendments," said defense attorney Susan Anderson.

The judge denied the motion, saying he was satisfied with the jury's ability to follow his instructions and stay away from the media.

8:30 a.m. Jury reviews exhibits

The judge told jurors they would spend some time looking at exhibits on Tuesday morning. Then, closing arguments are expected to get underway around 9 a.m. Each side will have up to an hour for their arguments.

Athena Strand Murder: Tanner Horner Trial Recap 

Day 16: Defense rests after calling final witness

After weeks of presenting hours of police interview footage, hearing family statements, and putting expert witnesses on the stand, both sides called their final witnesses on Monday.

The defense introduced a child development expert who testified about Horner's family upbringing and how his autism impacts his ability to cope with stress. The doctor believes Horner had a difficult time taking to law enforcement and understanding the gravity of the situation because of his diagnosis.

"I think you are looking at someone who is remarkably impaired and extremely immature for adulthood. I'm not saying there is a correlation between what he experienced as a child and this terrible crime. My only role here today is to try to give you information, unbiased information to the jury so they can understand Tanner more fully. I am not talking about anything about the causeality of this terrible crime," said Dr. Jolie Brams.

The prosecution also called up rebuttal witnesses, including a cousin who accused Horner of sexually assaulting him when they were children, a director in the Texas Department of Criminal Justice prison system, and a medical doctor who believes the murder was planned out. 

Dr. Michael Arambula said based on evidence he reviewed, he believes Horner will commit future acts of violence and poses a threat to society, even in prison.

Before going home for the day, the defense brought up its motion asking the judge to preclude the death penalty because Horner has autism. The judge denied that motion.

Day 15: Killer's grandmother testifies about raising him

Horner’s maternal grandmother, Jackie, provided a raw look into a family history marked by generational trauma, including drug addiction and abuse. She testified that she took over Horner’s care as a child due to his mother’s struggles with addiction. 

While Jackie expressed deep love for her grandson and pride in him becoming the first in their family to graduate high school, she also admitted to being "very angry" with him for his actions. During her testimony, she turned to the family of Athena Strand to apologize, stating she prays for them every day.

Horner’s grandmother eventually admitted under questioning that despite his diagnosis, Horner "knows right from wrong" and understands that killing and sexual assault are wrong.

The defense focused heavily on Horner’s autism diagnosis, calling experts to explain how his brain processes information. Dr. Eric Imhof, a forensic psychologist, confirmed Horner’s autism and added diagnoses of PTSD, bipolar disorder and generalized anxiety. During cross-examination, prosecutors pushed back on the idea that these conditions excused his behavior. 

Day 14: Killer's psychiatrist faces tough questions during cross-examination

Horner's psychiatrist returned to the stand for cross-examination. She admitted to prosecutors that he lied to her multiple times during their 18 hours together. She also admitted that Horner was the only person with knowledge of his most recent claim that he killed Athena because she witnessed him snorting cocaine. So, she has no proof that the claim isn't another lie.

Dr. Ryan testified that Horner has autism, PTSD, severe depression, and ADHD, which she said impacted this thought process after the murder. Prosecutors argued back, saying Horner's thought process didn't falter when he was dumping Athena's body and cleaning the FedEx truck after the crime to use it again the next day.

Other experts testified that Horner suffers from fetal alcohol spectrum disorder and low testosterone. 

Day 13: Psychiatrist explains why Tanner Horner said he killed Athena

Dr. Eileen Ryan testified about her psychiatric evaluation of Horner and his medical history. She talked about the many conditions he's been diagnosed with. 

The doctor said Horner also admitted to her what happened in the moments leading up to his decision to kill Athena. She said Horner told her he picked up Athena and put her in his truck because she saw him snorting cocaine.

"He immediately jumped to the conclusion that, that Athena saw him snorting cocaine. And so, she was going to tell and he was going to lose his job, which meant that he was not going to be able to support his son. He was going to lose his son. And that couldn't happen. And he's been sort of laser focused on his son for a long time. And his son was living with his fiancee's mother and he had had limited contact with his son and was distraught over that," she said.

The doctor said Horner eventually also told her about the sexual assault. She testified that he had difficulty talking about it because of his own rape.

"My opinion was that he was deeply ashamed and that was a major factor in his lying and hesitancy to talk about what had happened," she said.

Dr. Ryan said Horner told her he didn't decide to kill Athena until after she was in the truck.

"I think he just, he described it as it started, it snowballed into an avalanche. And he then, said that he knew he had to kill her. And he tried to make it, as he put it, as painless and quick as possible. So he tried to, as he put it, I think it was snap her neck. But it's not like in the movies. And it wasn't working, and so he attempted to strangle her, and he had a number of attempts to strangle her, which were unsuccessful," the doctor said.

Day 12: Autism expert believes killer faked alter ego named Zero

The day's most extensive testimony came from Dr. Amy Fritz, a speech-language pathologist who evaluated Horner in jail to analyze how autism impacts his social communication. Dr. Fritz testified that Horner suffers from significant difficulties with empathy and social appropriateness, noting his evaluation was one of the worst she had ever conducted. She also discussed his use of an alter ego named ‘Zero,’ which she described as a tool he used to tell the story of the crime rather than a symptom of multiple personality disorder.

Under a rigorous cross-examination, Dr. Fritz made several key concessions to prosecutors. She admitted that the violence captured in the abduction video was ‘shocking’ and ‘horrific,’ noting it was entirely incongruent with the man she had interviewed. She clarified that she was not suggesting Horner’s language disabilities caused the crime, nor was she claiming he was unable to distinguish right from wrong. While she interpreted a suicide note written by Horner as a sign of remorse, she agreed with prosecutors that the letter contained untruthful explanations and showed he was not fully accepting blame.

Day 11: Insights into Horner's autism diagnosis

A speech pathologist from Azle ISD provided key testimony regarding Horner’s behavioral and social struggles in middle school. Having worked with him on pragmatic speech and behavior management 20 years ago, she described him as a child who struggled significantly with social cues, boundaries and changes to his routine.

"Beth" testified that Horner’s Asperger’s diagnosis made it difficult for him to adjust to the "out of the ordinary." She noted he had trouble identifying others' emotions and often could not differentiate between teasing and bullying.

Under intense questioning, Beth adamantly stated that Horner’s autism was not an excuse or a justification for the murder. However, she offered a pointed perspective, stating: "This young man should have never been in that truck by himself."

Day 10: Defense focuses on childhood trauma and neurological health

The defense called several witnesses to testify about Horner’s difficult upbringing and physical health in an effort to avoid a death sentence. His paternal aunt described a family history plagued by drug abuse, specifically noting that Horner’s father was an addict who spent nearly 90% of his life in prison. While she detailed a childhood of "filth" and instability, prosecutors countered by highlighting that she had personally experienced similar hardships without ever turning to violence or crime.

The afternoon session pivoted to Horner’s educational history and his autism diagnosis. A retired school psychologist for Azle ISD testified that while Horner was bright enough to attend standard classes, his diagnosis required him to spend half the day in behavior improvement classes. She noted that while Horner struggled significantly with peer relationships and temper tantrums, school records from his three-year evaluation did not indicate a history of physical aggression.

Day 9: Horner's mother testifies

Horner’s mother took the stand, though her face was not shown on the court’s camera feed. She provided a candid look at her son’s upbringing, admitting to a history of substance abuse involving heroin, methamphetamine, and alcohol.

She testified that she was using "anything I could get my hands on" before realizing she was eight or nine weeks pregnant with Horner, at which point she said she attempted to stop.

The testimony turned emotional when the defense asked about the murder of the 7-year-old. "I’m so mad at him. I want to just tear his a-- up," she said through tears. "She was just a baby."

Day 8: Audio Evidence of Athena Strand’s Final Moments Played for Jury

In the most harrowing day of the trial, jurors heard audio recorded inside Horner’s FedEx delivery van. The recording captured the child talking to Horner about her school and teacher before the situation turned violent. Several jurors wept as the room fell silent; Horner was observed looking away from the screen as the struggle began.

Day 7: Athena Strand’s Mother Testifies; DNA Evidence Linked to Tanner Horner

Maitlyn Gandy, Athena’s mother, testified about her final moments with her daughter, recalling a promise to see her that Friday for Christmas lights. Later, a Texas DPS forensic analyst testified that Horner’s DNA profile could not be excluded from samples collected in a sexual assault kit.

Day 6: Forensic Experts Detail DNA Evidence Found on Athena Strand’s Clothing

Forensic analysts testified that male DNA was detected on swabs from the child’s sexual assault kit and under her fingernails. While the defense questioned the precision of the DNA quantification, experts maintained that the presence of male DNA was significant.

Day 5: Medical Examiner Reveals Athena Strand’s Cause of Death; Jailhouse Letters Shown 

Medical examiner Dr. Jessica Dwyer testified that Athena died from blunt force injuries, smothering, and strangulation, stating she believed the child suffered. The jury also reviewed letters Horner wrote in jail; one blamed a "mental breakdown," while another claimed an unidentified man forced him to commit the crime.

Day 4: Jury Hears Testimony Regarding Tanner Horner’s ‘Zero’ Alter Ego

Jurors watched video of investigators questioning Horner about the location of the body. In the footage, Horner spoke as an alter ego he called "Zero," claiming he found the situation "funny." A Texas Ranger testified that Horner’s physical demeanor would change significantly when he allegedly switched personalities.

Day 3: Interrogation Video Shows Tanner Horner Negotiating for Christmas Release

Additional body camera footage showed Horner asking investigators to let him out of jail for a month to spend Christmas with his family in exchange for the location of the victim's body.

Day 2: How Investigators Used ‘Zero’ Personality to Locate Athena Strand’s Body

Authorities testified that Horner initially led them to the wrong location. Investigators stated they were only able to locate the child after changing their interrogation tactics to address Horner directly as his alter ego, "Zero."

Day 1: Tanner Horner Pleads Guilty to Capital Murder of Athena Strand

The trial began with Horner’s unexpected guilty plea to capital murder. Prosecutors described Athena as a "warrior" who fought her attacker, while the defense pivoted immediately to the sentencing phase, focusing on Horner’s mental health history.

Tanner Horner Trial Daily Recaps

• Day 1 - Tanner Horner pleads guilty
• Day 2 - Tanner Horner discusses alter ego ‘Zero’
• Day 3 - Tanner Horner interrogation shown to jury
• Day 4 - Investigators share details about FedEx ‘abduction van’
• Day 5 - Phone calls with family members, ME testifies
• Day 6 - Women accuse Tanner Horner of sexual assault
• Day 7 - Athena Strand's mother testifies
• Day 8 - Audio evidence of Athena Strand’s final moments
• Day 9 - Horner's mother testifies
• Day 10 - Medical experts, psychologists testify
• Day 11 - Horner's former teachers testify
• Day 12 - Autism expert believes killer faked alter ego named Zero
• Day 13 - Psychiatrist explains why Tanner Horner said he killed Athena
• Day 14 - Killer's psychiatrist faces tough questions during cross-examination
• Day 15 - Killer's grandmother testifies about raising him
• Day 16 - Defense rests after calling final witness

Athena Strand's Death

Horner was charged with capital murder for the death of 7-year-old Athena Strand outside her family’s Wise County home on Nov. 30, 2022.

A contract delivery driver working for FedEx at the time, Horner was delivering what was meant to be a Christmas present for the young girl.

Horner told investigators he accidentally hit Athena with his van while delivering a package to her home. She reportedly survived, but Horner told authorities he panicked and kidnapped her, later strangling her to death.

Athena was reported missing, and eventually an Amber Alert was issued, leading to 72 hours of searching. She was found dead in Boyd, Texas, not far from her family's home.

Athena Alert

After Athena Strand's case, Texas Legislators passed a new bill that created a version of an Amber Alert known as the ‘Athena Alert.’

The new law allows authorities to issue an Amber Alert for a missing child that doesn’t have to meet all of the initial criteria.

Under the Athena Alert law, an Amber Alert can still go out even though authorities haven’t confirmed a missing child was kidnapped.

The alert would be able to be sent out to a 100-mile area around the disappearance and adjacent counties.

DPS emphasizes that this is not a new type of alert. All alert messages will still be referenced as an Amber Alert.