Arizona court tosses killer's 10.5-year sentence after AI video of victim ‘forgiving’ him is used in proceedings
An Arizona appeals court has overturned a man's 10.5-year manslaughter sentence after an AI-generated video portraying his deceased victim was played during his sentencing hearing.
The Arizona Court of Appeals ruled that the video should not have been considered during sentencing because it did not reliably represent the victim's actual words or thoughts. The court upheld the man's manslaughter conviction but ordered a new sentencing hearing.
The case involves Gabriel Paul Horcasitas, who was convicted of manslaughter in the 2021 fatal shooting of 37-year-old Christopher Pelkey during a road-rage incident in Chandler, Arizona.
According to NBC News, Pelkey's family played an AI-generated video at the shooter's 2025 sentencing hearing that depicted the deceased addressing Horcasitas and the judge.
The video was created by Pelkey's sister, Stacey Wales, using recordings, photos, and other material of her brother. It showed an AI-generated version of Pelkey speaking about forgiveness and addressing the man who killed him.
“It is a shame we encountered each other that day in those circumstances,” the AI version of Pelkey said. “In another life, we probably could have been friends.”
“I believe in forgiveness, and a God who forgives. I always have, and I still do,” the video continued.
The video appeared to make an impression on the sentencing judge, Todd Lang. Before handing down Horcasitas' sentence, Lang said he “loved that AI” and described Pelkey's forgiveness as genuine, according to the appeals court ruling.
Horcasitas' attorneys later challenged the use of the video, arguing that it carried an "undue emotional weight" and apparent authenticity that a statement read by a family member would not have had.
The appeals court agreed that the AI recreation crossed a line.
“Rather than document an event or recording a particular moment, the AI video presents a depiction of the victim and his thoughts created from the imaginings of the victim's sister,” the court said.
The court noted that victim-impact evidence can be presented during sentencing, but said information used to determine a sentence must meet basic reliability requirements. The judges also found that the AI video had an impact on the sentencing process, even though the record did not establish exactly how much weight the judge gave it.
Horcasitas' manslaughter conviction remains in place. He will return to court to be sentenced again, with the date of the new hearing yet to be scheduled.