AI Victim Video Leads to Overturned Manslaughter Sentence in Arizona
An appellate court ruled the use of an AI-generated video, depicting the slain victim speaking, rendered the sentencing fundamentally unfair.
A manslaughter conviction in Arizona has been upheld, but the sentence was overturned due to the use of an artificial intelligence-generated video of the victim during the sentencing hearing. The Arizona Court of Appeals ruled that the AI video, which featured the likeness and voice of Christopher Pelkey, a victim of a 2021 road rage incident, crossed a line and rendered the sentencing procedure fundamentally unfair.
The three-judge panel ordered a resentencing for Gabriel Paul Horcasitas, who was convicted of shooting and killing Pelkey. The original sentence of 10 and a half years was issued in May 2025 after the AI-generated video was played for the judge.
Pelkey's sister, Stacey Wales, created the AI avatar and scripted the video, which included the victim's likeness and voice. In the video, the avatar spoke about forgiveness and stated, "In another life, we probably could have been friends." The judge, Todd Lang, remarked that he "loved that AI" and felt it was "genuine" before imposing the sentence.
The appellate judges, in their September 30 ruling, found that the judge's consideration of the AI video unfairly prejudiced Horcasitas. "It erases the interpretive distance between the family's belief about what the victim would have said and the victim's own voice and opinions," the court stated. The ruling also noted that the AI victim asserted, "This here is a true representation of who I was, you know, not how the courtroom portrayed me," adding that "No disclaimer could cure that error."
Horcasitas's appellate attorney declined to comment on the decision. The Maricopa County District Attorney's office also declined to comment.
At the time of the original sentencing, the District Attorney's office stated that prosecutors were aware the victim's next of kin would be making a presentation but were unaware of its nature. An attorney for Pelkey's family declined to comment.
Wales told ABC News that she and her family have no regrets about producing the video and that she wanted her brother's voice to be heard. "Chris did not have a chance to speak because he was permanently silenced and our chance to do so for him was thwarted," she said. Wales indicated she is prepared to read the script herself at the upcoming resentencing hearing.
A date for the resentencing has not yet been set.