Defense lawyers for Tanner Horner, the FedEx driver accused of killing 7-year-old Athena Strand, have filed a startling motion arguing that his autism spectrum disorder should make him ineligible for the death penalty.
The legal team submitted 28 new motions Wednesday morning, with perhaps the most significant being their argument that Horner’s autism creates impairments comparable to intellectual disabilities — conditions that are constitutionally protected from capital punishment under established Supreme Court precedent, according to court documents obtained by Fox 4 News.
Legal Strategy Draws Parallels to Previous Cases
Horner faces capital murder and kidnapping charges in the 2022 death of Athena Strand, with his trial not scheduled until April 2026 in Tarrant County. The venue was changed due to extensive media coverage of the case, as documented in pretrial hearings.
The defense motion specifically argues that the court has categorically prohibited the death penalty in cases where a defendant’s characteristics render them less culpable, negate retributive aims, or create risk of an erroneous death sentence. “The Supreme Court has held essentially if your mental disabilities are such that you cannot appreciate the nature of receiving the death penalty, then it shouldn’t be imposed on you,” legal experts explained to CBS Texas.
Can autism spectrum disorder be legally equivalent to intellectual disability in capital cases? That’s the novel question Horner’s defense team is asking the court to consider, citing the Robert Roberson case as precedent.
The Crime That Shocked a Community
The allegations against Horner are particularly disturbing. Investigators say the FedEx driver accidentally hit Athena with his delivery truck while dropping off a package at her home, then panicked. Instead of seeking help, authorities allege he kidnapped the child, strangled her, and dumped her body in a creek near Boyd, Texas, as revealed in police statements.
The case has devastated Athena’s family. “Raising her was the best seven years of my life. And I just expected a lot more years,” Athena’s mother said in an emotional statement that underscores the profound loss at the center of this legal battle.
A two-week pretrial hearing began last December in Tarrant County to address procedural issues before the trial. The complex proceedings involve more than 50 witnesses and experts, hundreds of exhibits, and extensive jury questionnaires.
Legal observers note that while the Supreme Court has established precedent protecting those with intellectual disabilities from execution, extending this protection to defendants with autism would represent a significant expansion of those protections. The court’s decision on this motion could potentially reshape how the justice system handles capital cases involving defendants on the autism spectrum.
As the case inches toward its 2026 trial date, both the legal questions and the emotional weight of Athena’s loss continue to reverberate through the Texas justice system — leaving a community waiting for answers and a family waiting for closure.
