Defence lawyers for a FedEx delivery driver charged with the kidnap and murder of a seven-year-old girl in Texas are seeking to have the death penalty removed as a sentencing option, citing his autism diagnosis.
The Charges and the Alleged Crime
Tanner Horner, 34, stands accused of the capital murder of Athena Strand in November 2022. The young girl vanished from her family's home in Paradise, Wise County, on 30 November. Horner, who was delivering a package to the address, allegedly told investigators he accidentally struck Athena with his truck, panicked, and then placed her in his vehicle.
Her body was discovered on 2 December, dumped beside a country road roughly seven miles from her home. The cause of death was strangulation. Horner was arrested the same day and has pleaded not guilty to capital murder. His trial is scheduled to begin on 7 April in Tarrant County's 297th District Court.
The New Defence Motions
On Tuesday, Horner's legal team filed 28 new motions ahead of the trial. Central to their argument is a claim that Horner's autism spectrum disorder (ASD) should preclude him from facing execution if convicted.
The motion states, "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 filing argues that individuals with ASD have impairments in reasoning, social skills, impulse control, and communication, placing them in a category akin to those with intellectual disabilities. It cites a Supreme Court view that those with autism are "less culpable than the average criminal."
Legal Precedent and Further Allegations
Horner's attorneys referenced the case of Robert Roberson, a Texas death row inmate whose 2002 conviction for killing his daughter is under review. They claim Roberson's autism was "misunderstood" and used against him, leading to a potential wrongful conviction.
Separately, Horner faces historical charges of sexually assaulting a child from nearly a decade ago, with three additional counts of child sexual abuse from 2013 in Fort Worth. Another recent motion from his defence seeks to suppress three police interrogations, alleging questioning continued after he invoked his right to an attorney.
Family's Response and Civil Action
Athena Strand's mother, Maitlyn Gandy, has been a vocal supporter of the death penalty in this case. "I support the death penalty. In any sentencing that may come," she told WFAA. "Every breath he takes is one my daughter doesn't."
Following her daughter's death, Gandy thanked the grand jury for their difficult work and described the indictment as "the beginning of a long road through the justice system."
Athena's father, Jacob Strand, has initiated legal action against FedEx, alleging the company failed to conduct sufficient background checks before hiring Horner. Former state district court Judge George Gallagher has been appointed to oversee the criminal trial, while Horner remains held in Tarrant County Jail.
