Lawyers for the man accused of kidnapping and killing the 7-year-old North Texas girl Athena Strand argued Tuesday he's unfit for the death penalty because he's autistic.
Tanner Horner, a former delivery driver, was charged with capital murder in 2022 after prosecutors and police say he hit Athena with his delivery van while backing up before kidnapping and strangling her out of fear she would tell her father.
Athena’s body was found 72 hours later after police say Horner confessed he had strangled her. He led them to the body, which was in a creek, court records say.
Horner later pleaded not guilty in 2023. He was initially charged in Wise County, northwest of Fort Worth, but his case has since moved to Tarrant County.
His lawyers, Susan Anderson and Steven Goble, filed at least 30 motions Tuesday, including one that referenced Horner's autism, which "reduces his moral blameworthiness, negates the retributive and deterrent purposes of capital punishment, and exposes him to the unacceptable risk that he will be wrongfully sentenced to death."
Autism spectrum disorder is related to brain development and affects how a person sees other people and socializes with them, according to the Mayo Clinic. It can cause issues with communication and may include repeated patterns of behavior. There is a wide range of symptoms and severity.
The defense argued in court filings that Horner should have the same level of protection from the death penalty as an intellectually disabled person. The Eighth Amendment generally protects intellectually disabled people from being executed.
The defense also argued Horner's autism would affect his ability to communicate with the jury, and they may even perceive him as being remorseless, according to court filings.
Horner's defense compared his case to that of Robert Roberson, a Texas man who was convicted of capital murder in 2003 for the death of his 2-year-old daughter. Roberson's case has gained national attention, with his supporters arguing his autism was misinterpreted as a lack of remorse by investigators. His execution was halted in October and sent back down to a district court for further proceedings.
Horner's lawyers have pointed to his autism before in the case, arguing it has affected his ability to understand orders by police during the investigation. Horner's lawyers did not immediately respond to phone calls.
The defense also made motions to dismiss evidence gathered on Horner's phone, alleging the search warrant was executed properly. They also asked the court to prohibit media from filming Horner and the jury.
Horner's trial is set for April 7.
Dylan Duke is KERA's Breaking News Reporter. Got a tip? Email Dylan Duke at dduke@kera.org.
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