FedEx driver accused of abducting and killing little girl while delivering her Christmas present says he shouldn't be executed because he has autism
By Jack Toledo
Daily Mail
Jan 15, 2026
Tanner Horner's attorney now claim he has autism after he was charged with kidnapping and murdering a seven-year-old girl in Texas
Attorneys for a FedEx driver accused of abducting and strangling a seven-year-old girl in Texas have argued that the alleged murderer's autism should bar him from the death penalty.
Tanner Horner's lawyers filed 28 new motions on Tuesday in the 297th District Court in Tarrant County, ahead of his trial for the capital murder of Athena Strand.
Strand was snatched from her family's home in North Texas on November 30, 2022. Horner claimed he was delivering Barbie dolls to the house when he accidentally hit the girl with his truck, 'panicked,' grabbed her, and put her in his vehicle.
The little girl's lifeless body was found dumped beside a country road, seven miles from her home, on December 2. Strand is accused of strangling her to death.
Now, the 34-year-old FedEx driver's attorneys have claimed that their client’s autism warrants the removal of the death penalty as a sentencing option.
Horner has pleaded not guilty. His capital murder trial is set to begin on April 7.
The new motion to dispel the death penalty read: 'Mr. Horner's autism spectrum disorder (ASD) 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,' KHOU 11 reported.
Strand's mother, Maitlyn Gandy, has vehemently supported the death penalty for Horner if he's found guilty of murdering her daughter.
Athena Strand was allegedly strangled to death after she was hit by Horner as he was delivering a package from his FedEx truck. She was found on December 2
The filing stated that individuals with ASD have impaired reasoning, social skills, impulse control, and communication - which places Horner under the category of people with intellectual disabilities.
The Supreme Court ruled that those with autism are 'less culpable than the average criminal,' according to the filing.
Under Texas law, capital murder of a person under ten years old qualifies the perpetrator for the death penalty.
Horner was arrested on December 2, 2022, the same day Strand's body was found.
He allegedly confessed to police that he abducted and kidnapped the child during a delivery to her family's home.
On February 17, 2023, a jury in Wise County formally charged Horner with kidnapping and murdering the young girl.
On top of the murder charge, Horner was charged with sexually assaulting a child almost a decade ago and faces three additional counts of sexually abusing a child in 2013 in Fort Worth.
In the new filing, Horner's attorneys cited the infamous case of Robert Roberson - who is on death row for killing his daughter in Texas in 2002 - as an example of another defendant's autism leading to a 'wrongful conviction,' as cited by Fox 4.
Roberson's execution was halted in 2025, a week before it was set to take place, and his case was sent back down to a lower court based on a plea stemming from the state's Junk Science Law.
This allows for a second look at a conviction that was based on science that has since been debunked. In Roberson's case, the defendants argue his autism was 'misunderstood' and used against him in evidence during his trial.
Roberson was only diagnosed with autism after he was found guilty of murder.
Horner's lawyers filed an additional motion on December 4, seeking to suppress three interrogations by law enforcement, claiming that the interviews continued despite the alleged murderer invoking his right to speak with an attorney.
Maitlyn Gandy, Strand's mother supports the death penalty and her father, Jacob Strand has launched legal action against FedEx, claiming they did not carry out sufficient background checks
At a news conference, Gandy told how Horner, was delivering a You Can Be Anything Barbie to Strand's father and stepmother's house in Paradise
Strand's mom Maitlyn Gandy, released a statement after Horner was indicted - expressing her love for her late daughter, and support of capital punishment.
Gandy said at the time: 'I would like to thank the Wise County grand jury for their role in this process. Hearing the facts and circumstances of my seven-year-old daughter's kidnapping and murder was undoubtedly very difficult for them.'
'I want them to know that their work is deeply appreciated,' she added. 'Tanner Horner's indictment is the beginning of a long road through the justice system.
'I appreciate everyone's continued support and for keeping Athena's name and memory alive. Please take a moment to hug your children and loved ones. No one is promised another day.'
'I support the death penalty. In any sentencing that may come,' Gandy told WFAA.
The former FedEx driver was charged with sexually assaulting a child almost a decade ago and faces three additional counts of sexually abusing a child in 2013 in Fort Worth, Texas
'Every breath he takes is one my daughter doesn't.
'If I could sit down in front of him, I would tell him that he is nothing, but that Athena is absolutely everything - and I will make sure that everybody in this world knows that he is nothing and that she is everything.'
Strand's father, Jacob, has launched legal action against FedEx, claiming they did not carry out sufficient background checks before hiring Horner.
Former state district court Judge George Gallagher has been appointed to the trial, as the former driver is being held in Tarrant County Jail.
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