Tanner Horner’s legal team has filed an appeal seeking a new trial following his death sentence for the 2022 capital murder of 7-year-old Athena Strand in Wise County.
Horner, 34, pleaded guilty at the start of his April 2026 trial in Tarrant County to kidnapping and killing the girl while working as a FedEx contract driver. He admitted to luring Athena into his van while delivering a package to her family’s rural home on November 30, 2022, then strangling her and dumping her body near the Trinity River.
After weeks of testimony in the punishment phase, a jury deliberated less than three hours before unanimously recommending death by lethal injection on May 5, 2026. Judge George Gallagher formally sentenced Horner the same day.
Horner’s attorneys filed the appeal with the Texas Court of Criminal Appeals shortly after sentencing, triggering the state’s automatic review process for all death penalty cases. The filing argues for reversal of the conviction or sentence based on issues from the trial record.
The case drew intense public attention, with prosecutors presenting chilling audio from inside the van and evidence of Horner’s actions. Defense attorneys highlighted Horner’s autism diagnosis, difficult upbringing and mental health factors in arguing for a life sentence without parole.
Athena’s family expressed relief at the verdict but continues to grieve. The case was moved from Wise County to Tarrant County due to pretrial publicity concerns.
Horner is now on death row at the Allan B. Polunsky Unit in Livingston. The appeals process is expected to take years, potentially including federal review.
KRLD will follow developments as the Texas Court of Criminal Appeals examines the case.
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