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A jury from Tarrant County in Fort Worth, Texas, sentenced former FedEx delivery driver Tanner Horner to death for the murder of Athena Strand, a seven-year-old girl, in a unanimous verdict delivered this Tuesday after more than two weeks of legal proceedings.
According to a report from NBC, state judge George Gallagher ordered that Horner, 34, be executed by lethal injection "before sunrise" at the Huntsville State Penitentiary in Texas, on a date yet to be determined.
Horner had pleaded guilty on April 7, just as the capital murder trial of a person under 10 years old and aggravated kidnapping was about to begin.
The crime occurred on November 30, 2022, when Horner arrived at the Strand family's home in the rural area of Paradise, Wise County, to deliver a package containing a Christmas gift.
Horner stated that he accidentally ran into the minor with his van while backing up, that he panicked, and decided to take her away so she wouldn’t tell her father.
The evidence shows that he put the girl alive into his vehicle. The cameras from the FedEx truck captured him telling the little girl, "Don't scream or I'll hurt you," on two occasions.
Less than an hour later, he strangled her with his own hands.
Athena's body was found two days later, about nine miles from her home. The medical examiner determined that the cause of death was blunt force trauma, asphyxia, and strangulation.
Horner's DNA was found on the victim's body, and Athena's DNA was discovered under Horner's nails, evidence of physical struggle from the minor.
To impose the death penalty, the jury had to determine that Horner poses a "continuing threat to society" and that there are not sufficient mitigating circumstances to justify a life sentence without parole. The panel responded affirmatively to both conditions.
The defense argued six diagnoses as mitigating factors: autism spectrum disorder, neurodevelopmental disorder due to fetal alcohol exposure, recurrent major depression, post-traumatic stress disorder, attention deficit hyperactivity disorder, and motor tic disorder.
Defense attorney Susan Anderson noted that Horner's mother used heroin and alcohol during her pregnancy. "Tanner's problems began before he was born," she said in her closing arguments, pleading for leniency.
However, the defense experts themselves admitted that none of these diagnoses directly caused the crime or prevented Horner from distinguishing right from wrong. Moreover, during the trial, three prior charges of sexual assault against minors from 2013 and 2014 came to light, unrelated to the Strand case, which strengthened the defendant's profile as a danger.
The Wise County prosecutor, James Stainton, argued that the death penalty should be reserved for the most extreme cases, but that Horner deserved it. "Tanner Horner is the reason parents hold their children a little tighter. He is the reason children are afraid to go out and play," he said.
Horner stood silently with no emotion as the judge read the sentence. An automatic appeal was filed immediately, and a lawyer will be appointed for that process.
Athena's uncle, Elijah Strand, spoke directly to the convicted in court. "Athena was more than just a name. She was laughter, curiosity, kindness, and innocence. She had dreams she would never be able to pursue, birthdays she will never celebrate, and a life she will never live because of your actions," he declared.
Looking directly at Horner, Strand added: "I want you to know that you are nothing. You are a footnote in the history of Athena. Her name will be remembered forever, her name will be celebrated forever, and everyone will forget you."
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