There's a myriad of reasons.

I think life in prison is simply worse punishment for some people. In this case it might actually be preferable for him to be on death row where he would be given his own cell.

I don't think the death penalty has proven to be a deterrent.

I also think despite the numerous appeals and chances to find errors in the evidence or the process, mistakes can still be made. I do believe Texas has executed people who might have been factually innocent.

LWOP protects society just as well as death row, IMO.

But again, not going to lose any sleep over this guy.

A&E actually dug up the scared straight program a few years back.

F this guy. Enjoy burning in hell.

You can go to this website and see the upcoming executions and a summary of their crime. I have never read one and felt like their sentence was unjust.
https://www.tdcj.texas.gov/death_row/dr_scheduled_executions.html

UrbanDecay said:

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You can go to this website and see the upcoming executions and a summary of their crime. I have never read one and felt like their sentence was unjust.
https://www.tdcj.texas.gov/death_row/dr_scheduled_executions.html

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It's a real shame the list is only three people long and all of them have been on Death Row for longer than 20 years.

UrbanDecay said:

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Yeah. Doesn't exactly back up the narrative that the Death Penalty is over used in Texas.

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In 2000 it was an average of an execution every nine days.
https://www.tdcj.texas.gov/death_row/dr_executions_by_year.html

Lathspell said:

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I was all for the death penalty, up through my 20's. In my 30's, after truly seeing how corrupt the judicial system and politicians truly are, I've actually stepped away from it a bit, due to not trusting those in power to exercise it faithfully.

But fully agree. If it was ever necessary for anything, this is the exact example I would give. There is absolutely no doubt as to what happened.

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My question for people that say this is, you're OK with those spending their life in prison even though they might be innocent?

The answer is to fix the issue(s) that creates doubt in your mind, not the deserved punishment.

Hank the Grifter said:

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Torture him slowly.

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+1. That's why I think some of these people WANT to die. That's the easy way. Let him rot and get raped in jail. That's justice

ErnestEndeavor said:

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There's a myriad of reasons.

I think life in prison is simply worse punishment for some people. In this case it might actually be preferable for him to be on death row where he would be given his own cell.

I don't think the death penalty has proven to be a deterrent.

I also think despite the numerous appeals and chances to find errors in the evidence or the process, mistakes can still be made. I do believe Texas has executed people who might have been factually innocent.

LWOP protects society just as well as death row, IMO.

But again, not going to lose any sleep over this guy.

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The data shows that the death penalty is a deterrent. The problem is that the modern legal process drags the process out so long that it mitigates the deterring effect since people are bad at considering the long-term implications of their actions. Ask a 20 year old when they want to die, and they'll say 60. Ask a 60 year old if they want to die, and they'll say no.

The death penalty should be reserved for situations beyond a reasonable doubt, without question. We don't want to execute the innocent, although mistakes have undoubtably made in the past. As for life in prison being worse, that's only true if you believe there is no after life. For those that believe that there is something beyond the material, hanging focuses the soul. It's actually an act of compassion to put someone to death. It gives them an opportunity to atone for their wrongs and seek salvation.

The death penalty is wrong if it's purely retaliatory. It's a proper punishment if it's used to enact justice and give the opportunity for atonement.

91AggieLawyer said:

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Lathspell said:

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I was all for the death penalty, up through my 20's. In my 30's, after truly seeing how corrupt the judicial system and politicians truly are, I've actually stepped away from it a bit, due to not trusting those in power to exercise it faithfully.

But fully agree. If it was ever necessary for anything, this is the exact example I would give. There is absolutely no doubt as to what happened.

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My question for people that say this is, you're OK with those spending their life in prison even though they might be innocent?

The answer is to fix the issue(s) that creates doubt in your mind, not the deserved punishment.

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The last time a Texas Death Row prisoner was exonerated and released was in 2015.

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I also think despite the numerous appeals and chances to find errors in the evidence or the process, mistakes can still be made. I do believe Texas has executed people who might have been factually innocent.

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Let's start there. You have to remember I am an Ol' Dame and an Ol' Lawyer. I was in law school less than a decade after Furman v. Georgia, a SCOTUS decision that nullified the death penalty under the 8th cruel and unusual punishment clause not because such statutes were unconstitutional on their face (de jure) but because how it was being applied (de facto). That decision included Charles Manson who was already on death row.

Knew the DP would be back at some point. I looked at my options in law school. Do I want to go crim law or civil law? I knew myself well enough I couldn't do crim defense law, knowing my client was guilty? I would have been on Maalox in my twenties.

So that left becoming a prosecutor. Could I, in still good conscience, prosecute a DP case?

Ask yourself. As a prosecutor getting a guilty verdict in a capital case? Versus being a defense attorney losing a DP case? Which one did their job better? Which one could sleep better at night?

For me? I would have rather been the prosecutor, doing my job well. But prosecutors didn't make s*** money back then. Nor would their clients pay.

Know who payed for your services? Banks, insurance companies, big businesses. Went civil law but always watched the crim law cases as they were in the bar bulletins for the state.

I don't know that I have the whole horrific story here

He was delivering her Christmas presents bumped or hit her with his truck then kidnapped and killed her

Did they ever say why he decided he needed to kidnap and kill her? Was he trying to cover up the accident or was he a pervert?

Fightin_Aggie said:

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I don't know that I have the whole horrific story here

He was delivering her Christmas presents bumped or hit her with his truck then kidnapped and killed her

Did they ever say why he decided he needed to kidnap and kill her? Was he trying to cover up the accident or was he a pervert?

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This is from the arrest warrant:
https://www.wcmessenger.com/wp-content/uploads/2022/12/HORNER-ARREST-WARRANT-DC-735.pdf

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The Defendant stated to investigators she was deceased. The Defendant stated, when he was backing up in his Fed Ex truck he accidently hit Athena with the truck, but she was not seriously injured. The Defendant stated, he panicked and put Athena in the van.

10. Investigators transported the Defendant to the Wise County Sheriff's Office. The Defendant was read his Miranda Warning. Ranger Espinoza and Investigator Oliver interviewed the Defendant. The Defendant stated when he was backing up in his Fed Ex truck he accidently hit Athena with the truck, but she was not seriously injured, panicked and put her in the van. The Defendant stated Athena was alive at that time, talking to him, and told him her name was Athena. The Defendant stated he attempted to break Athena's neck to kill her. The Defendant stated, when he attempted to break Athena's neck it did not work so he strangled with his bare hands in the back ofthe Fed Ex van.

11. During the course of the interview the Defendant again stated he strangled Athena because she was going to tell her father about being hit by the Fed Ex truck the Defendant was operating.

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ETA: Testimony at trial was that a rape kit was conducted and male DNA was found on her body.

Fightin_Aggie said:

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I don't know that I have the whole horrific story here

He was delivering her Christmas presents bumped or hit her with his truck then kidnapped and killed her

Did they ever say why he decided he needed to kidnap and kill her? Was he trying to cover up the accident or was he a pervert?

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He was a pervert. His excuse after he was caught was that he hit her and didnt want her dad to find out so he kidnapped her, but he later confessed and evidently on the audio (and in the evidence) he was going to or did sexually assault her. I think the prosecutor said that they found "DNA in places that they shouldnt be for an 8 year old girl" or something like that.

He also has a history of sexual crimes.

Ryan the Temp said:

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UrbanDecay said:

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Yeah. Doesn't exactly back up the narrative that the Death Penalty is over used in Texas.

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In 2000 it was an average of an execution every nine days.
https://www.tdcj.texas.gov/death_row/dr_executions_by_year.html

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Yes, I remember the news back then and they were I felt like everyday, but the every 9 days checks out…

1997 to 2009 was a real barn-burner for executions in Texas.

agent-maroon said:

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I don't necessarily think it's a great deterrent

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During those infrequent moments when I ponder the same, I just clear my head of these thoughts and focus on the straight up vengeance aspects of this case. Screw this guy

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To piggy back on the deterrence comment, perhaps public executions should be brought back or required viewing for all inmates of violent crime prior to release.

Millstones are not as prevalent today as they used to be. But we do have plenty of boat anchors.

This sicko needs to be taken out into deep water, be bound at the hands and feet, attached to several hundred feet of line or chain on that anchor, and cast overboard. Before the boat leaves him bobbing, kick that anchor overboard as well.

Can they shoot him in the head tomorrow and leave him in a ditch for the vultures to pick at?

Way better than he deserves IMO

Should be sentenced to cruel and unusual