Tanner Horner: Defense Team Leans Into Spectrum Diagnosis To Avoid Death

True crime followers hoped that Tanner Horner and the Bryan Kohberger case might help with neurodivergence conditions in court. Now, the trial of the former FedEx driver brings the controversial Autism defense back into the spotlight. Notably, he faces the death penalty for the murder of 7-year-old Athena Strand. Read on to find out more.

Pleading Guilty

The trial for the 2022 kidnapping and murder of Athena Strand took an unexpected turn on Tuesday, April 7. In a surprise move, Tanner Horner pleaded guilty to capital murder in Paradise, Texas, a rural town in Wise County. While the plea offers some justice for the family of Athena, that’s not the end of the court proceedings.

All it really does is speed up the process. While it’s expected to be faster than anticipated, the case might still take time for the jurors to decide whether the death penalty fits the crime.

The Spectrum Strategy

Just like the Kohberger defense team, Horner’s lawyers leaned into his diagnosis of Autism Spectrum Disorder. Per KHOU.com, they argued that his condition “reduces his moral blameworthiness” and “negates the retributive and deterrent purposes of capital punishment.”

Notably, the strategy attempts to align autism with legal protection afforded to those with intellectual disabilities. Once again, a defense team argues that a neurodivergent brain doesn’t process fear or consequences the same way a neurotypical one does.

Defense Arguments Not Done Yet

Tanner Horner pleaded guilty to the capital murder of Athena Strand as his trial opened. However, it’s not the end of the road. That’s because His legal team still fights to remove the death penalty.

In Texas, they will be able to still put forward clemency arguments during the mitigation phase. So, it’s likely that true crime followers will hear more about them citing his autism as a reason for reduced moral culpability.

Plus, they will no doubt mention other “pre-existing conditions.” They include “significant mental health issues” and “permanent brain injuries.” Previously they raised the argument that lead poisoning might be a factor. And, “years of cocaine abuse” didn’t help his reasoning per Dallas Morning News.

The prosecution, however, points to evidence of premeditation rather than a panicked accident.

Premeditation Or Panic?

The defense claims Horner panicked after accidentally hitting Athena with his delivery van. However, prosecutors dropped a photo in court of Athena in the back of Horner’s truck, where she appeared afraid and uninjured.

According to the prosecution, as reported by FOX News, the first thing Horner said to the young girl after putting her in the van was, “Don’t scream or I’ll hurt you.”

Obviously, that testimony suggests a level of control that indicated some premeditation. So, the autism defense might be a hard sell for the defense.

Notably, only one juror needs to agree with diminished responsibility to avoid death, but will any of them buy into it?

The Atkins Precedent

As we saw with Judge Steven Hippler in the Kohberger case, the legal system seems rather rigid. The Atkins v. Virginia precedent protects those with intellectual disabilities from execution. However, most judges currently rule that autism doesn’t fit the criteria.

Avoiding the death penalty could now rely on Tanner Horner’s team convincing the jury that his autism is so significant that it’s an intellectual disability.

A Three-Week Wait

The sentencing phase should last about three weeks as jurors consider hours of video evidence and testimony from Athena’s family and teachers.

While the defense hopes for leniency through mitigation, the prosecution’s case seems rather convincing that Horner unnecessarily caused a lot of pain for the family. After all, they simply expected the delivery of a set of Barbie dolls for their daughter’s Christmas.

Viewers React 

In the comments section on YouTube, true crime followers seemed unsympathetic with any arguments for the autism defense. One of them opined, “Execution. FedEx needs to be financially punished for having monsters working around us.”

Here are a few more responses from the discussion:

• Death penalty…as it should be for all predators…especially those who target children.
• Death Penalty through and through, losers like that guy don’t deserve to breath another day, and doesn’t deserve being kept alive at the tax payers expense. He took the life of an innocent little girl, it’s only right that he pays with his own.
• He took that baby’s life in the worst way! He deserves to go!

Not Everyone Likes The Deathy Penalty

Obviously, there are people who feel that the death penalty isn’t a moral decision. One pro-lifer wrote, “The death penalty is wrong. We don’t have the right to take anyone’s life. Give him life without parole.”

However, most folks in the discussion disagreed, arguing that there are more deserving folks out there who could use the taxpayers’ money to improve their lives.

What are your thoughts? Let us know in the comments below, and remember to come back here often for all your true crime news and updates. Also, we have a crime channel on TikTok that you can follow.