Tanner Horner’s defense team rested its case Monday in the punishment phase of his capital murder trial in a Tarrant County courtroom in Fort Worth, setting the stage for closing arguments Tuesday as jurors decide whether he will receive the death penalty or life without parole.
Horner, a former FedEx contract delivery driver, pleaded guilty in April to capital murder and aggravated kidnapping in the death of 7-year-old Athena Strand. He admitted to abducting the girl from the front porch of her rural home in Wise County’s Paradise community on Nov. 30, 2022, while making a delivery. Her body was found two days later.
The punishment phase has centered on whether Horner poses a continuing threat to society and if mitigating factors from his background warrant sparing him from execution. Defense witnesses, including experts on childhood trauma, neurodevelopmental issues such as autism spectrum disorder and fetal alcohol spectrum disorder, testified about Horner’s early life and mental health history. The final defense witness was forensic psychologist Dr. Jolie Brams.
Prosecutors, seeking the death penalty, called rebuttal witnesses Monday afternoon, including Texas Department of Criminal Justice classification director Timothy Fitzpatrick on prison conditions and forensic psychiatrist Dr. Michael Arambula, who testified that Horner would likely pose a future danger. A cousin also described prior sexual assaults by Horner years earlier.
Both sides rested their cases and closed by late Monday afternoon. Closing arguments are scheduled to begin at 9 a.m. Tuesday, with each side allowed up to one hour. The judge denied a defense motion to bar the death penalty based on autism. Jurors will then deliberate Horner’s sentence.
The case has drawn intense community attention across North Texas, with Athena’s family attending daily court proceedings.
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