An Arizona convict is set to be resentenced after an appeals court ruled that an AI-generated video of his deceased alleged road-rage victim played in court unfairly swayed the judge.
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Last year, a jury found 55-year-old Gabriel Paul Horcasitas guilty of fatally shooting 37-year-old Christopher Pelkey during a 2021 road rage incident at a red light in Chandler, Arizona. Horcasitas was sentenced to 10 1/2 years in prison, according to the BBC and local outlet AZFamily.
However, that sentence has been vacated by the Arizona Court of Appeals.
The appeals court ruled that it was unfair for the trial judge to let a video created by Pelkey's family be played in court. The AI footage reportedly featured Christopher Pelkey from beyond the grave, urging for forgiveness for Horcasitas. The footage was reportedly created by Pelkey's sister, Stacey Wales. She allegedly used a script she wrote and previous images and recordings of her brother.
"To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances," the AI version of Pelkey said in court in 2025, per the BBC. "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 AI version of Pelkey reportedly added directly before the sentencing.
Judge Presiding Over Road-Rage Killing Trial Strongly Approved of the AI Footage: "I Loved That AI, Thank You for That"
Judge Todd Lang reportedly gushed over the AI footage at the 2025 court proceedings.
"I loved that AI, thank you for that. As angry as you are, as justifiably angry as the family is, I heard the forgiveness," Judge Lang told the court, per the BBC.
"I feel that that was genuine," he added.
However, the Arizona Court of Appeals wasn't as big of a fan of the AI footage.
"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 of appeals wrote on Sept. 30.
The organization added that the sentencing judge was prejudiced by the AI video, making his decision fundamentally unfair. However, the Court of Appeals noted that Horcasitas's manslaughter conviction is unchanged. His sentencing will simply be reevaluated.
Manslaughter normally carries a sentence of between 7 and 21 years, per the Grand Canyon Law Group.
