LIVE Tanner Horner Trial Day 13: Can an autism diagnosis spare Athena Strand's killer from the death penalty?

FORT WORTH, Texas - Jurors returned to a Tarrant County courtroom on Tuesday to weigh a death sentence for Tanner Horner.

Horner pleaded guilty to capital murder and kidnapping in the 2022 death of 7-year-old Athena Strand. He admitted to abducting the girl while delivering a package to her Wise County home on Nov. 30, 2022. The jury must now decide between the death penalty or life in prison without the possibility of parole.

Live Updates

9:10 a.m. Childhood friend’s mother testifies to Horner’s living conditions

Michelle, a longtime family friend whose son grew up with Tanner Horner, took the stand Tuesday morning to provide insight into Horner’s unstable upbringing. She testified that both her son and Horner were diagnosed with Asperger’s syndrome and frequently faced bullying as a result.

The testimony turned to Horner’s childhood poverty, with Michelle revealing that he lived in a tent at various points. She told jurors she often provided Horner with clothes to stay warm and frequently offered her home as a place for him to stay. 

Athena Strand Murder: Tanner Horner Trial Recap 

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

The punishment phase of the Tanner Horner trial continued Monday as the defense presented testimony regarding Horner’s mental health and communication struggles. Witnesses included a childhood friend, a former teacher and a pastor, all of whom spoke to Horner’s history prior to the 2022 kidnapping and murder of 7-year-old Athena Strand.

The 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.

Earlier in the proceedings, character witnesses described Horner as a devoted church musician and a hard-working student, though his record did include a previous disciplinary citation for fighting.

Day 11: Insights into Horner's autism diagnosis

A speech pathologist, identified as Beth, provided key testimony regarding Horner’s behavioral and social struggles. 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."

Earlier in the day, Horner's fifth-grade teacher also took the stand. She recalled him being newly diagnosed with autism and noted that he was a pleasant student who did not present major behavioral problems in her classroom.

The afternoon session featured Dr. Erin Bigler, a clinical neuropsychologist, who testified remotely. While he did not personally examine Horner, he was called by the defense to educate the jury on brain function.

Day 10: Defense focuses on childhood trauma and neurological health

The sentencing phase of the Tanner Horner trial entered its tenth day on Thursday, April 23, with the defense calling several witnesses to testify about Horner’s difficult upbringing and physical health in an effort to avoid a death sentence. The day began with a paternal aunt describing 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

The morning began with testimony from John Edens, a psychologist and professor at Texas A&M University. Edens testified regarding developmental and personality disorders, detailing the clinical distinctions between the two for the jury.

Horner’s mother also 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."

The defense also called Dottie, Horner’s great-aunt, who described Horner’s "rambunctious" childhood. She testified that Horner and his father lived with her mother intermittently and noted that Horner's father struggled with drug addiction and served time in jail.

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

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.

Athena StrandFort WorthWise CountyCrime and Public Safety