# Tanner Lynn Horner

> A former FedEx contract driver, Horner pleaded guilty in April 2026 to the capital murder and aggravated kidnapping of 7-year-old Athena Strand, taken from outside her home near Paradise, Texas, during a delivery in November 2022. A Tarrant County jury sentenced him to death.

- Case: State of Texas v. Horner · Wise County, Texas · 2022
- Case status: Sentenced to death. Horner pleaded guilty, and a jury sentenced him to death on May 5, 2026. His motion for a new trial was overruled in the summer of 2026. The conviction and sentence are on automatic direct appeal to the Texas Court of Criminal Appeals. As of Oct. 30, 2026, the sources reviewed report no ruling on that appeal, and no execution date has been set.
- Last updated: 2026-10-30
- Editorial review: approved 2026-10-30
- Web page: https://criminalbackstories.com/cases/tanner-horner/
- All defendants are presumed innocent until found guilty by a court of law. Charges and allegations described on this site are not proof of guilt.

## Why he's in the news

Horner's lawyers asked for a new trial after the sentence, arguing that media coverage of the case led key witnesses to refuse to testify, so that he could not get a fair trial. Prosecutors answered that "there is no rule barring media coverage of court cases."[27][28] Judge George Gallagher did not sign an order by the deadline, so the motion was denied automatically, Fox 4 and NBC 5 reported on Aug. 3, 2026.[28][29] The denial does not affect the automatic appeal of the death sentence to the Texas Court of Criminal Appeals, which remains pending.[29][3] *The sources reviewed, through Oct. 30, 2026, report no later development in the case.*

## Case at a glance

- Convictions: Capital murder (murder of a child under 10) and aggravated kidnapping, by guilty plea on April 7, 2026[14][8][13]
- Victim: Athena Strand, 7, taken from outside her home near Paradise, Wise County, on Nov. 30, 2022[1][24]
- Age at offense: 31[1]
- Court: 297th District Court, Tarrant County, Judge George Gallagher; the case was moved from Wise County in 2024[15][10][9]
- Prosecutor: James Stainton, district attorney for Wise and Jack counties[15][9]
- Sentence: Death, by jury verdict on May 5, 2026[23][24][1]
- Prior prison record: None, according to the prison system[1]
- Direct appeal: Automatic appeal to the Texas Court of Criminal Appeals, pending; notice of appeal filed May 11, 2026[25][26][3]
- Custody: On Texas death row since May 5, 2026, TDCJ No. 999640[1]

## The backstory

### The disappearance

On Nov. 30, 2022, Horner, 31, was working as a contract delivery driver on a FedEx route in Wise County, northwest of Fort Worth.[1][5] He was employed by Big Topspin, a contractor for FedEx, whose employees helped investigators identify the truck and driver.[6][4] That afternoon he delivered a package to the home of Athena Strand, 7, near Paradise. Her family later said it was a Christmas present, a box of Barbie dolls.[24][13] Her stepmother testified that Athena was supposed to be sorting laundry while she made dinner, and the stepmother called 911 that evening to report her missing.[13][5]

### The investigation

An FBI agent testified that Horner at first said he did not recall the delivery, then admitted it, and that video from the truck showed him placing a young girl in his van.[13][15] According to the arrest affidavit, Horner told investigators he had accidentally hit Athena while backing out of the driveway, that she was not seriously hurt, and that he panicked, put her in the van and killed her because he feared she would tell her father he had hit her.[4][5] He directed investigators to her body, in water near Boyd in Wise County.[4][24] He was charged with capital murder and aggravated kidnapping, with bail set at $1.5 million.[4][5]

A Texas Ranger testified at trial that Horner gave accurate information only after investigators addressed him as "Zero," a purported alter ego the Ranger believed Horner had invented; "I played his game, and I spoke to Zero," he testified.[22][21]

### Charges and pretrial

A Wise County grand jury indicted Horner on Feb. 16, 2023, on one count of capital murder, described in the Star-Telegram's report as capital murder of a person under 10, and one count of aggravated kidnapping.[8][14] He pleaded not guilty in 2023.[14] Stainton announced that the state would seek the death penalty.[14]

In September 2024, Judge Brock Smith of the 271st District Court granted a defense request to move the trial to Tarrant County, after Horner's lawyers argued that "inflammatory pre-trial publicity" would deny him a fair trial in Wise County.[9][10] Stainton said the "change in geography will not change how we handle this case in any way."[9] Judge George Gallagher presided at trial.[15][12]

On Jan. 13, 2026, the defense moved to bar a death sentence on the ground that Horner's autism "reduces his moral blameworthiness," arguing that he deserved protection similar to that given intellectually disabled defendants under the Eighth Amendment.[12][11] Defense attorney Susan Anderson acknowledged that autism is not classified as an intellectual disability. Stainton objected that the motion included no evidence Horner had been diagnosed with autism spectrum disorder. Gallagher denied the motion at a hearing on Jan. 21 but said the defense could present the same evidence to the jury.[12]

### The guilty plea

On April 7, 2026, before jurors entered the courtroom, Horner pleaded guilty to capital murder and aggravated kidnapping.[15][14] Asked for his plea to the capital murder charge, he answered, "Guilty, your honor," and the judge accepted it.[13] The plea left the jury to decide only between death and life in prison without parole.[14][15]

### The state's evidence at punishment

In his opening statement, Stainton told jurors that Horner had lied about everything except the killing, and that the account of hitting Athena with the truck was false.[13] The state showed jurors an image from inside the truck that, as Fox 4 described it, showed Athena alert and unharmed.[13] A Texas Ranger testified that the truck's video showed her alive when she was put in the truck, contrary to Horner's claim that she was already dead.[15][21]

The truck's camera was covered, but its audio kept recording. The Associated Press reported that the recording runs more than an hour and captures Horner lifting Athena into the van, warning her not to scream, and threatening to hurt her.[24][13] Several jurors cried as it was played.[24] The medical examiner testified that she died of blunt force injuries with smothering and strangulation, the AP reported.[24]

Prosecutors also argued that forensic evidence pointed to a sexual assault. A DNA analyst testified that male DNA was detected in samples from Athena's sexual assault kit and that other results were inconclusive.[17][16] Horner has denied sexually assaulting her, and his lawyers told the jury that the medical examiner's report showed no sign of sexual trauma.[21][23] *The sources reviewed report no sexual-assault charge in Athena's death.*

### Other allegations heard by the jury

Two women, whose names were withheld, testified that Horner sexually assaulted them when they were 16, one in the summer of 2013 and the other in 2014.[21][16] The defense challenged their credibility.[17] Fox 4 reported that one of the women is the complainant in sexual-assault-of-a-child cases pending against Horner in Tarrant County.[16] Those charges were filed in December 2022.[7] None of these allegations has been tried. *The sources reviewed do not report the current status of the Tarrant County charges.*

### The mitigation case

The defense presented more than a week of testimony from family members, school staff, psychiatrists and other experts.[22] Steven Goble told jurors in his opening that the evidence would show mental illness, lead poisoning and brain damage, which he suggested began with alcohol exposure before birth.[13]

Dr. Aaron Specht, a Purdue University exposure-assessment researcher, testified that a bone scan taken at the Tarrant County jail showed lead levels about 24 times those of Horner's peers. On cross-examination he acknowledged that no record shows Horner was treated for lead exposure.[18][19] Dr. Jeffery David Lewine, a neuroscientist, testified that the number of abnormalities on Horner's brain scans would be seen in "less than .01% of the population." He acknowledged on cross-examination that he cannot make a diagnosis, and said, "From the imaging alone, I cannot say anything specific about Mr. Horner's behavioral pattern."[19]

A speech-language pathologist retained by the defense testified about the social-communication aspects of autism. She said she was not qualified to diagnose autism and was not offering an opinion that it caused the crime.[20] A former school speech pathologist, asked whether autism caused the crime, answered, "No, I'm saying it did not."[19]

### Why the jury chose death

Texas does not use statutory aggravating circumstances. A death sentence follows from a capital-murder conviction, here for the murder of a child under 10, together with the jury's answers to special issues.[2][3][8] Horner's jury was asked two questions: whether he would probably commit criminal acts of violence constituting a continuing threat to society, and whether mitigating circumstances warranted life without parole instead of death.[23][3]

In closing, Stainton urged jurors to answer "yes and no," called the defense's evidence "an excuse," and described the disabilities the defense cited as a matter of "somebody's choices."[23] Goble argued that the state had offered no evidence that Horner would be a danger in prison. Anderson asked for mercy, citing his upbringing and diagnoses of fetal alcohol spectrum disorder, ADHD and autism, and said, "There was no planning. There was no premeditation. There was no preparation."[23]

On May 5, 2026, after about two and a half hours of deliberation, the jury unanimously answered "yes" to the first question and "no" to the second, answers that under Texas law require a death sentence.[23][24][3] Horner showed no visible reaction.[23][24]

### After the verdict

Horner's lawyer filed a notice of appeal with the Texas Court of Criminal Appeals on May 11, 2026.[25][26] The defense also moved for a new trial, arguing that media coverage led key witnesses to refuse to testify. The state opposed the motion.[27] Gallagher did not sign an order, and the motion was denied by operation of law, Fox 4 and NBC 5 reported on Aug. 3.[28][29] The death sentence is subject to automatic review by the Court of Criminal Appeals.[3][29]

Athena's father filed a civil suit in Wise County in December 2022 against Horner, FedEx and Big Topspin, alleging negligent hiring.[6] *The sources reviewed do not report its current status.*

## Personal backstory

### Early life

Horner was born on Aug. 8, 1991.[1] His mother testified that she used heroin, methamphetamine and alcohol, "anything I could get my hands on," until she learned she was about eight or nine weeks pregnant with him, and then tried to stop.[18] KERA reported her testimony that she also drank and smoked during the pregnancy.[21] Relatives testified that his father struggled with drug addiction and spent much of his life incarcerated.[18] A cousin who babysat him as a toddler described him as hyperactive and prone to extreme tantrums, and said he tried to eat coins.[18]

### Schooling and diagnosis

His mother testified that he struggled to get along with other children and that, after testing at a specialized center, he was diagnosed with Asperger's syndrome, a diagnosis now grouped under autism spectrum disorder.[18][21] A retired Azle school district psychologist testified that he received special education services tied to an autism diagnosis and spent half the school day in a behavior class, and that his school records showed no history of physical aggression.[18][19] A fifth-grade teacher recalled no major behavior problems. A speech pathologist who worked with him in seventh grade testified that he had trouble reading social cues, was bullied, and got angry when he did not understand things; "He was a great kid," she said.[19] The prison system records 12th grade as his highest grade completed.[1]

*No court has made a finding on his diagnoses.* His lawyers cited diagnoses of autism, ADHD and fetal alcohol spectrum disorder, while the state disputed what the evidence showed.[23][12]

### Before the crime

Horner lived in Fort Worth at the time of his arrest and was working as a FedEx contract driver.[5][1] The prison system lists no prior prison record.[1]

### In custody

Jail letters shown to the jury gave differing accounts: one blamed a "mental breakdown," and another claimed an unidentified man forced him to commit the crime.[18] The defense's speech-language pathologist testified that a suicide letter he wrote reflected remorse; on cross-examination she agreed that in it "he is not fully accepting blame for this and he is trying to make an excuse."[20] He was received on Texas death row on May 5, 2026, at age 34.[1]

## Aggravating circumstances found

- Tex. Penal Code § 19.03(a)(8): Capital murder of a young child: "the person murders an individual under 10 years of age." Texas does not use statutory aggravating circumstances; a death sentence requires a capital-murder conviction and the jury's answers to special issues. The Wise County indictment charged capital murder of a person under 10, according to the Fort Worth Star-Telegram, with aggravated kidnapping as a separate count.[[st-2023-02-17]][[cbs-2026-04-07]][[tx-penal-19-03]]
- Tex. Code Crim. Proc. art. 37.071, § 2(b)(1): Special issue (future dangerousness), answered "yes" unanimously: "whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society."[[fox4-2026-05-05]][[ap-2026-05-06]][[tx-ccp-37-071]]
- Tex. Code Crim. Proc. art. 37.071, § 2(e)(1): Special issue (mitigation), answered "no" unanimously: whether, "taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed."[[fox4-2026-05-05]][[ap-2026-05-06]][[tx-ccp-37-071]]

## Where the parties stand

- State: Wise County District Attorney James Stainton told jurors that Horner lied about everything except killing Athena, including his account of hitting her with the truck, and that the evidence showed her alive and unhurt when he put her in it.[13][15] In closing he called the defense's mitigation evidence "an excuse" and said Horner "should never have access to hurt anyone again, ever."[23] Before trial, he objected that the defense's autism motion included no evidence that Horner had been diagnosed with autism spectrum disorder.[12]
- Defense: His lawyers, Susan Anderson and Steven Goble, conceded that the evidence was "overwhelming" and asked for life without parole.[24][23] They argued that autism, fetal alcohol exposure, ADHD, lead poisoning and brain abnormalities reduce his moral blameworthiness, that "there was no planning," and that the state offered no evidence he would be dangerous in prison.[23][11][13] In a motion for a new trial, which was denied, they argued that media coverage kept key witnesses from testifying.[27][28]
- Victim's family: After the verdict, Athena's uncle told Horner in court, "You did not just take a life, you destroyed a family."[23] Her stepmother testified, "I'm not the same."[15][14] In 2022 her mother said she had been "robbed of watching her grow up by a man that everyone was supposed to be able to trust."[4]

## Timeline

- Aug. 8, 1991: Horner is born.[1]
- Nov. 30, 2022: Athena Strand disappears from outside her home near Paradise after a FedEx delivery; her stepmother reports her missing that evening.[24][5]
- December 2022: Horner is charged with capital murder and aggravated kidnapping and leads investigators to her body.[4][5]
- Feb. 16, 2023: A Wise County grand jury indicts him on both charges; he later pleads not guilty.[8][14]
- September 2024: Judge Brock Smith moves the trial to Tarrant County because of pretrial publicity.[9][10]
- Jan. 21, 2026: Judge George Gallagher denies a defense motion to bar the death penalty on the ground of autism, leaving the defense free to present the evidence to the jury.[12]
- Apr. 7, 2026: As trial opens, Horner pleads guilty to capital murder and aggravated kidnapping; the punishment phase begins.[14][13]
- May 5, 2026: After about two and a half hours of deliberation, the jury's answers to the special issues require a death sentence. He is received on death row the same day.[23][1]
- May 11, 2026: His lawyer files a notice of appeal with the Court of Criminal Appeals.[25][26]
- July 2026: The defense moves for a new trial; prosecutors oppose it.[27]
- Aug. 3, 2026: Fox 4 and NBC 5 report that the motion was denied automatically after the judge did not rule on it by the deadline.[28][29]

## What happens next

The Texas Court of Criminal Appeals will review the conviction and death sentence, as state law requires.[3][25] If it affirms, Horner can ask the U.S. Supreme Court to review the case, and he may also pursue habeas corpus proceedings, in which new evidence can be raised.[29] *The sources reviewed give no briefing or argument schedule.*

## Sources

1. [Death Row Information: Horner, Tanner Lynn, TDCJ #999640](https://tdcj.texas.gov/death_row/dr_info/hornertanner.html). Texas Department of Criminal Justice. (court or official record)
2. [Tex. Penal Code § 19.03, Capital Murder](https://texas.public.law/statutes/tex._penal_code_section_19.03). Texas Penal Code (current text). (court or official record)
3. [Tex. Code Crim. Proc. art. 37.071, Procedure in Capital Case](https://texas.public.law/statutes/tex._code_of_crim._proc._article_37.071). Texas Code of Criminal Procedure (current text). (court or official record)
4. [Athena Strand: Tanner Horner strangled 7-year-old after hitting her with his van, arrest affidavit says](https://www.fox7austin.com/news/athena-strand-tanner-horner-strangled-7-year-old-after-hitting-her-with-his-van-arrest-affidavit-says). FOX 4 (KDFW), Dec. 8, 2022. (news report)
5. [FedEx driver said he hit Athena Strand with truck, strangled her, affidavit says](https://dallasnews.com/news/crime/2022/12/08/fedex-driver-said-he-hit-athena-strand-with-truck-strangled-her-affidavit-says). The Dallas Morning News, Dec. 8, 2022. (news report)
6. [Athena Strand's father sues FedEx, Tanner Horner, delivery company that hired him](https://www.ktvu.com/news/athena-strand-father-sues-fedex-tanner-horner-topspin). FOX 4 (KDFW), via KTVU, Dec. 14, 2022. (news report)
7. [Athena Strand's killer charged with child sexual assault](https://www.cbsnews.com/amp/texas/news/athena-strand-alleged-killer-charged-child-sexual-assault). CBS News Texas (KTVT), Dec. 21, 2022. (news report)
8. [Tanner Horner indicted on murder, kidnapping charges in death of 7-year-old Athena Strand](https://www.aol.com/tanner-horner-indicted-murder-kidnapping-051700833.html). Fort Worth Star-Telegram, via AOL, Feb. 17, 2023. (news report)
9. [Judge orders Athena Strand capital murder trial be moved to Tarrant County](https://dallasnews.com/news/courts/2024/09/22/judge-orders-athena-strand-capital-murder-trial-be-moved-to-tarrant-county). The Dallas Morning News, Sept. 22, 2024. (news report)
10. [Tanner Horner murder trial moved to Tarrant County](https://wfaa.com/article/news/crime/tanner-horner-murder-trial-athena-strand-venue-tarrant-county/287-7e598837-0e47-47d9-bbd4-33f5f0698e47). WFAA, 2024. (news report)
11. [Defense says killer of Athena Strand should not face death penalty because of autism](https://www.keranews.org/news/2026-01-15/killer-of-athena-strand-death-penalty-autism). KERA News, Jan. 15, 2026. (news report)
12. [Motion to bar death penalty for accused Athena Strand killer due to autism denied](https://www.aol.com/articles/fedex-driver-accused-killing-athena-015032031.html). Fort Worth Star-Telegram, via AOL, January 2026. (news report)
13. [Tanner Horner pleads guilty to killing Athena Strand](https://www.fox4news.com/news/tanner-horner-trial-live-athena-strand-day-1). FOX 4 (KDFW), April 7, 2026. (news report)
14. [Tanner Horner pleads guilty in killing of Athena Strand](https://www.cbsnews.com/texas/news/tanner-horner-guilty-plea-athena-strand/). CBS News Texas (KTVT), April 2026 (updated through May 5, 2026). (news report)
15. [Horner pleads guilty to murder of Athena Strand](https://www.wcmessenger.com/articles/horner-pleads-guilty-to-murder-of-athena-strand/). Wise County Messenger, April 9, 2026. (news report)
16. [Tanner Horner Trial Day 6: Male DNA detected on Athena; sexual assault victims speak out](https://www.fox4news.com/news/tanner-horner-trial-day-6). FOX 4 (KDFW), April 14, 2026. (news report)
17. [Tanner Horner trial, day 6](https://www.cbsnews.com/texas/news/tanner-horner-athena-strand-trial-day-6-april-14-2026/). CBS News Texas (KTVT), April 14, 2026. (news report)
18. [Tanner Horner Trial Day 10: Jury hears more testimony on Horner's childhood, mental health](https://www.fox4news.com/news/tanner-horner-trial-day-10-athena-strand). FOX 4 (KDFW), April 23, 2026. (news report)
19. [Tanner Horner Trial Day 11: Defense tries to spare Horner from death penalty after Athena Strand murder](https://www.fox4news.com/news/tanner-horner-trial-day-11-athena-strand-live). FOX 4 (KDFW), April 24, 2026. (news report)
20. [Tanner Horner Trial Day 12: Defense gives insights into Horner's diagnosis after Athena Strand murder](https://www.fox4news.com/news/tanner-horner-trial-day-12-athena-strand-murder). FOX 4 (KDFW), April 27, 2026. (news report)
21. [Here's what we know about the Tanner Horner, Athena Strand trial in its fourth week](https://www.keranews.org/news/2026-04-27/heres-what-we-know-about-the-tanner-horner-athena-strand-trial-fourth-week). KERA News, April 27, 2026. (news report)
22. [Jury to hear closing arguments in murder trial of Tanner Horner, killer of Athena Strand](https://www.keranews.org/criminal-justice/2026-05-05/tanner-horner-verdict-closing-arguments-athena-strand-trial-jury-verdict). KERA News, May 5, 2026. (news report)
23. [Tanner Horner Trial Day 17: Jurors deliberate a sentence following closing arguments](https://www.fox4news.com/news/tanner-horner-trial-day-17). FOX 4 (KDFW), May 5, 2026. (news report)
24. [Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home](https://abc7chicago.com/post/athena-strand-murder-former-fedex-driver-tanner-horner-sentenced-death-killing-girl-delivery-texas-home/19047482/). Associated Press (Jamie Stengle), via ABC7 Chicago, May 6, 2026. (news report)
25. [Tanner Horner files appeal after receiving death sentence for killing 7-year-old Athena Strand](https://www.nbcdfw.com/news/local/tanner-horner-files-appeal-after-receiving-death-sentence-for-killing-7-year-old-athena-strand/4023055/?amp=1). NBC 5 Dallas-Fort Worth (KXAS), May 12, 2026. (news report)
26. [Tanner Horner appeals death sentence](https://www.cbsnews.com/texas/news/tanner-horner-appeals-death-sentence-athena-strand-5-12-2026/). CBS News Texas (KTVT), May 12, 2026. (news report)
27. [Tanner Horner's defense attorneys are seeking a new trial](https://www.fox4news.com/news/tanner-horners-defense-attorneys-seeking-new-trial). FOX 4 (KDFW), July 17, 2026. (news report)
28. [Judge denies Tanner Horner's request for new trial](https://www.fox4news.com/news/judge-denies-tanner-horners-request-new-trial). FOX 4 (KDFW), Aug. 3, 2026. (news report)
29. [Judge denies Tanner Horner's request for a new trial](https://www.nbcdfw.com/news/local/judge-denies-tanner-horners-request-for-a-new-trial/4057798/?amp=1). NBC 5 Dallas-Fort Worth (KXAS), Aug. 3, 2026. (news report)