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A man convicted of manslaughter had his 10-year prison sentence tossed by an appellate court last week over the use of an AI-generated video depicting his slain victim during the sentencing hearing.
The three-judge panel in the Arizona Court of Appeals upheld Gabriel Paul Horcasitas’ conviction for a November 2021 road rage incident in which he shot and killed Christopher Pelkey.
However, the panel ordered the lower court to throw out the 10- and 1/2-year prison sentence because of the AI generated video featuring Pelkey’s likeness and voice that was played to the judge during the May 2025 sentencing hearing, saying the video “crossed” a line.
Stacey Wales, sister of the late Christopher Pelkey, displays her brother’s image at her mother’s home, May 7, 2025, in Chandler, Ariz.
Matt York/AP Photo, FILE
The AI generated avatar, which was created by Pelkey’s sister Stacey Wales, spoke to Horcasitas in court and spoke about forgiveness.
“In another life, we probably could have been friends,” the avatar said in the video during the sentencing hearing. “I believe in forgiveness and in God who forgives. I always have and I still do.”
Judge Todd Lang said he “loved that AI” adding “I feel that that was genuine,” before he issued his sentence.
The Sept. 30 appellate ruling found that the “the judge’s consideration of the AI video so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair.”
“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 appellate judges said of the AI generated video. “Indeed, the AI victim stated, ‘This here is a true representation of who I was, you know, not how the courtroom portrayed me,’ No disclaimer could cure that error.”
No date has been sent for the resentencing.
The Army dress uniform and photo of the late Christopher Pelkey is displayed at his mother’s home, May 7, 2025, in Chandler, Ariz.
Matt York/AP Photo, FILE
Horcasitas’s appellate attorney declined to comment about the decision to ABC News.
The Maricopa County District Attorney’s office declined to comment about the decision.
At the time of the sentencing the DA’s office said, “Our prosecutors were aware that the victim’s next of kin in this case would be making a presentation to the court during sentencing, but were not aware of the nature of it.”
An attorney representing Pelkey’s family declined to comment.
Stacey Wales, sister of the late Christopher Pelkey, is shown at her mother’s home, on May 7, 2025, in Chandler, Ariz
Matt York/AP Photo
Wales, Pelkey’s sister who wrote the script for the AI generated video, told ABC News that she and her family had no regrets about producing the video and 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 told ABC News on Tuesday.
Wales said that she is prepared to return to court for resentencing hearing and read the script she wrote for the AI-generated video herself.
