The Arizona Court of Appeals overturned a 10-year manslaughter sentence on Wednesday, ruling that a lower court improperly relied on an artificial intelligence-generated video of a deceased victim during a May 2025 sentencing hearing in Phoenix.
A three-judge panel ordered a new sentencing for 55-year-old Gabriel Paul Horcasitas, who was convicted of manslaughter and endangerment following a fatal November 2021 road rage shooting in Chandler that killed 37-year-old Christopher Pelkey.
Pelkey's family created the footage using voice recordings, photographs, and videos to depict the victim addressing the judge directly, marking what is believed to be the first use of an AI-generated victim replica in a U.
S. court proceeding.
Defense attorney Kristen Reller argued that Maricopa County Superior Court Judge Todd Lang violated due process protections by relying on unverified AI evidence that lacked proof of accurately reflecting Pelkey's views.
During the sentencing hearing, the artificial depiction of the victim addressed the courtroom regarding the fatal encounter.
"To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances," said the AI version of Pelkey.
"In another life, we probably could have been friends."
The AI avatar continued to express sentiments about faith during the video presentation.
"I believe in forgiveness, and a God who forgives. I always have and I still do," the AI version of Pelkey said.
The appellate court ruled that the footage exceeded permissible limits, stating that it presented generated statements created from the imaginations of the victim's sister rather than documenting an actual event or recording.
Judge Lang remarked favorably on the presentation during the original proceedings before imposing the maximum penalty against the defendant.
"I loved that AI.
Thank you for that, and as angry as you are and justifiably angry as the family is, I heard the forgiveness and I know Mr. Horcasitas appreciated it, but so did I," said Judge Todd Lang, Maricopa County Superior Court Judge.
The judge noted that the presentation reflected the character descriptions provided by the family during their testimony.
"I didn't hear him asking for the maximum sentence," said Judge Todd Lang, Maricopa County Superior Court Judge.
Following the appellate decision, Pelkey's sister expressed disappointment over the ruling and questioned the legal protections granted to convicted defendants compared to crime victims.
"It feels unfair because there is a convicted murderer sitting in prison that has blankets and walls of protection around their rights.
Where are the rights for the victim?" said Stacey Wales, sister of Christopher Pelkey.
Family representatives stated that they intend to explore other legally permitted methods to maintain the victim's voice within the court system during upcoming proceedings.
"We will continue to let his voice be heard in whatever allowable medium we can convey that through the court system," said Stacey Wales, sister of Christopher Pelkey.
Legal scholars noted that while artificial intelligence usage is expanding for legal research and case preparation, its use in generating victim impact statements raises significant concerns regarding deepfake evidence in courtrooms.
"There's a real concern among the judiciary and among lawyers that deepfake evidence will be increasingly used," said Gary Marchant, law professor at Arizona State University.
"It's easy to create it and anyone can do it on a phone, and it could be incredibly influential because judges and juries, just like all of us, are used to believing what you see."
The case now returns to the Maricopa County Superior Court for resentencing proceedings without the inclusion of the AI footage.
