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The Arizona Court of Appeals ordered a new sentencing hearing for Gabriel Paul Horcasitas in the 2021 shooting death of Christopher Pelkey. The court said the AI video was not reliable because it did not show real events and presented statements as if they came directly from the victim.
Horcasitas was convicted of manslaughter for fatally shooting Pelkey during a road rage encounter at a stoplight in Chandler, a suburb of Phoenix, in November 2021. Pelkey was unarmed when he got out of his truck and walked toward Horcasitas’ vehicle. Horcasitas was also convicted of endangerment for a shot that struck another vehicle.
At the May 2025 sentencing, nine of Pelkey’s family members and friends spoke about the impact of his death.
The family then played an AI-generated video that showed a digital version of Pelkey speaking. The video, created with help from Pelkey’s sister, expressed thoughts of forgiveness and said that in another life the two men might have been friends. It did not ask for a specific prison term.
Why the Appeals Court Stepped In
The three-judge panel found that the video crossed a line. Rather than recording what actually happened, it presented a version of the victim and his thoughts based on the sister’s ideas. The court said this made the sentencing process unfair.
Horcasitas’ lawyer argued that the defense had no real chance to challenge the video’s content and that it carried extra emotional weight because it appeared to come from the victim himself. Prosecutors and the victim’s attorneys said the video accurately reflected Pelkey’s character and that the judge had already heard many other statements from family and friends.
The judge had commented that he “loved that AI” and noted Pelkey’s apparent forgiveness before imposing the sentence. The appeals court did not overturn the conviction itself, only the sentence.
Horcasitas must now be resentenced without the AI video being considered. The case is believed to be one of the first in the United States in which an AI-generated likeness of a deceased victim was used this way in a criminal sentencing.
The ruling highlights growing questions about how courts should handle artificial intelligence when it presents information that affects a person’s freedom.
Sentencing decisions can hinge on the evidence and materials the court can consider. If you or a loved one is dealing with a criminal charge, an appeal, or questions about what can properly be presented in court, leave your details on the contact form.
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