Athena Strand Killer Tanner Horner Death Sentence
Athena Strand was killed in November 2022 at the age of seven Photo: Maitlyn Presley Gandy/Facebook

Tanner Horner's attempt to secure a new trial after receiving the death penalty for the 2022 murder of seven-year-old Athena Strand has failed, but his separate appeal against the sentence remains active. His lawyers argued that intense media coverage had intimidated potential witnesses and prevented him from receiving a fair trial. Judge George Gallagher did not sign an order granting the request, resulting in its automatic denial under Texas law.

The ruling means Horner will not receive a new trial through that motion, although his automatic death-penalty appeal continues before the Texas Court of Criminal Appeals.

Horner's New Trial Bid Is Denied

Horner's defence filed the motion for a new trial on 4 June, arguing that widespread publicity surrounding the case had intimidated key witnesses, some of whom later refused to testify. His lawyers said the level of scrutiny surrounding the proceedings made it impossible for Horner to receive a fair trial.

Prosecutors opposed the request, arguing there was no rule preventing media coverage of court proceedings. They also challenged the defence's claims about the effect of publicity on the sentencing proceedings.

The case had already been moved from Wise County to Tarrant County in 2024 after Horner's lawyers argued that pre-trial publicity could prevent him from receiving a fair trial locally.

Judge Gallagher had until 20 July to rule on Horner's motion. He did not sign an order granting a new trial before the deadline, meaning the request was automatically denied under Texas law.

Why Tanner Horner Was Sentenced to Death

Horner pleaded guilty to capital murder and aggravated kidnapping on 7 April, as his trial was beginning. His guilty plea ended the need for jurors to determine his guilt, but the case moved into a sentencing phase where they had to choose between life imprisonment without parole and the death penalty.

The jury heard more than two weeks of testimony before deciding Horner's punishment. On 5 May, jurors unanimously determined that Horner posed a continuing threat to society and that mitigating circumstances did not justify a life sentence. They sentenced him to death.

The case concerned Athena's kidnapping and killing on 30 November 2022 after Horner, who was working as a contract delivery driver, went to her family's home in Wise County.

Horner's Death Sentence Appeal Continues

The rejection of the new-trial motion does not mean Horner's separate death-penaltyappeal has been rejected. Under Texas law, a death sentence automatically triggers a direct appeal to the Texas Court of Criminal Appeals.

Horner's lawyers filed an appeal shortly after his sentence, with filings recorded on 6 May and 11 May. The initial filings did not include detailed arguments explaining the grounds for the challenge.

The appeal will proceed through the Texas Court of Criminal Appeals, which will review the trial record for grounds that could warrant overturning the conviction or sentence.

Reddit Users React to Horner's Case

The latest legal development has also prompted emotional reactions on Reddit, with users expressing anger over Athena's killing and frustration surrounding the case.

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by u/Beneficial_Passion40 from discussion
in SipsTea
Comment
by u/Beneficial_Passion40 from discussion
in SipsTea
Comment
by u/Beneficial_Passion40 from discussion
in SipsTea

The comments reflect public emotion surrounding the case, but they do not establish facts about Horner's sentence or the ongoing appeal.

For now, Horner's death sentence remains in place after his new-trial motion was denied. His automatic appeal before the Texas Court of Criminal Appeals is still pending, leaving the sentence subject to further legal review.