Judge denies Tanner Horner’s request for new trial

WISE COUNTY, Texas - Tanner Horner’s request for a new trial has been denied.

The former FedEx delivery driver was sentenced to death earlier this year for the murder of 7-year-old Athena Strand in Wise County.

Tanner Horner Appeal

What's new:

According to the Fort Worth Star Telegram, the judge had until July 20 to rule on a motion for a new trial.

Horner’s attorneys claimed some key witnesses refused to testify because of the media coverage of the trial. They said it made it impossible for Horner to get a fair trial.

The Wise County District Attorney and state prosecutor requested the motion be denied, saying there is no rule barring media coverage of court cases.

A court spokesperson told the Star Telegram that the judge opted not to sign the order, meaning the motion was automatically denied.

Sentenced to Death

What we know:

It took jurors less than three hours to sentence Horner to death in May for Athena’s kidnapping and murder. He showed no emotion as he stood listening to the sentence. 

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.

Athena Strand's Death

The backstory:

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 little 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.

Horner pleaded guilty at the start of the trial to kidnapping Athena from her Wise County driveway and then strangling her to death.

Prosecutors presented evidence that Horner sexually assaulted her in the back of his delivery van before dumping her body in the Trinity River.

During closing arguments, the defense tried to convince the jury to spare Horner’s life based on claims that he would not be a danger to society while in prison for life and because of mitigating factors such as his difficult upbringing, stress at home and an autism diagnosis.

The prosecution reminded them that he showed Athena no mercy.

After the verdict, Athena’s uncle delivered a message directly to her killer.

"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," Elijah Strand said.