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Tanner Horner given death penalty after four week trial
After just a few hours of deliberation, jurors sentenced Tanner Horner to death for the murder of 7-year-old Athena Strand in Wise County in 2022.
FORT WORTH, Texas - Tanner Horner’s defense attorneys have already filed an appeal in his death penalty case for the murder of 7-year-old Athena Strand.
Tanner Horner Appeal
Tanner Horner (TDCJ)
What we know:
On Monday, Horner’s defense attorney filed an appeal with the Texas Court of Criminal Appeals.
By law, all death penalty cases in Texas are reviewed by the state’s highest criminal court.
What's next:
Attorney Russell Wilson, a criminal defense attorney who is not associated with the case, shared more insight on how the appeals process works in Texas.
He explained that the court reporter has likely been working on an official record of the trial and an appellate attorney will soon write a brief on Horner’s behalf. The process normally takes a few months depending on the length of the trial.
The state can then file its own brief and response before the Court of Criminal Appeals decides if there are any reversible errors in the case.
If the state court affirms the direct appeal, it will be reviewed in federal courts as well.
After all direct appeals are exhausted, there is still an option for Horner’s attorneys to file a writ of habeas corpus, where new evidence or claims of ineffective trial counsel can be introduced.
"In short, appeals in one form or another will likely go on for a number of years," Wilson said.
Sentenced to Death
It took jurors less than three hours to sentence Horner to death for Athena’s murder 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.
Athena Strand remembered in Wise County; Tanner Horner taken to death row
Tanner Horner was booked into death row on Tuesday after receiving the death penalty for the 2022 kidnapping and murder of 7-year-old Athena Strand. Meanwhile, Wise County leaders honored her by lighting the courthouse up in pink.
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
- Day 17 - Tanner Horner sentenced to death
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.
The Source: The information in this story comes from court records, an interview with Attorney Russell Wilson, trial testimony and past news coverage.