![\"Stacey](\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2026\/10\/stacey-wales-ROX3S3NB3BCWDGKEFEEYGMBUIQ.jpg\")
<\/p>\nAn Arizona man\u2019s 10-year manslaughter sentence has been tossed in a case where a video generated by artificial intelligence portrayed the deceased victim addressing a judge before the punishment was imposed.<\/p>\n
The Arizona Court of Appeals concluded Gabriel Paul Horcasitas must be resentenced in the 2021 shooting death of Christopher Pelkey because the AI video wasn’t reliable.<\/p>\n
The court found the video crossed the line, saying it didn\u2019t reflect actual events and presented statements made in the footage as coming directly from the victim.<\/p>\n
\u201cIndeed, 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\u2019s sister,\u201d the three-judge panel wrote.<\/p>\n
Jessica Gattuso, an attorney who represented victims in the case, and Kristen Reller, Horcasitas\u2019 lawyer, declined to comment on the decision.<\/p>\n
Reller had argued Superior Court Judge Todd Lang violated due process protections by relying on AI evidence. <\/p>\n
Gattuso and prosecutors told the appeals court that the lower-court judge didn\u2019t err, saying the footage was an accurate representation of Pelkey\u2019s character.<\/p>\n
In what\u2019s believed to be a first in US courts, Pelkey\u2019s family used AI to create a video of his likeness to give him a voice. Pelkey\u2019s sister, Stacey Wales, raised the idea of her brother speaking for himself after struggling to figure out what he would say.<\/p>\n
<\/p>\n
Stacey Wales believes the AI version of her brother showed a strong likeness to his character. (Source: Associated Press)<\/p>\n
Wales expected an appeal on the sentence and was disappointed the AI video was cited as the reason, saying her only goal was to humanise her brother for the judge.<\/p>\n
\u201cIt 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?\u201d Wales said.<\/p>\n
A victim appeals lawyer has told the family that using AI again could result in another appeal. <\/p>\n
\u201cWe will continue to let his voice be heard in whatever allowable medium we can convey that through the court system,\u201d Wales said.<\/p>\n
The AI-generated victim impact statement was played during a May 2025 sentencing hearing after nine of Pelkey\u2019s family members and friends stood before the judge describing how emotionally devastated they were by his killing.<\/p>\n
Authorities say Horcasitas, 55, fatally shot Pelkey, 37, during a November 2021 road rage encounter at a stoplight in Chandler, a suburb of Phoenix. Pelkey, who was unarmed, was shot after getting out of his truck and walking toward Horcasitas\u2019 vehicle.<\/p>\n
Horcasitas was convicted of manslaughter in Pelkey\u2019s death and endangerment for a gunshot that struck another vehicle at the intersection during the encounter.<\/p>\n
The AI rendering of Pelkey said he wished he could still be with his friends and family, voiced a belief in forgiveness and said it was a shame Horcasitas had encountered him because \u201cin another life, we probably could have been friends.\u201d <\/p>\n
The video didn’t request a specific prison sentence.<\/p>\n
Horcasitas\u2019 appellate lawyer argued her client had no meaningful opportunity to rebut material in the AI-generated video.<\/p>\n
It\u2019s not clear if attorneys or the court were aware in advance that an AI-generated video would be used. <\/p>\n
But attorneys representing Pelkey\u2019s family said in court records that Arizona law does not require victims to disclose statements they plan to make in court to prosecutors, defence attorneys or the judge \u2014 and that victims can exercise their rights by speaking before the court or submitting statements that are written or recorded on audio or video.<\/p>\n
![\"Maricopa](\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2026\/10\/maricopa-county-attorneys-office-XDZ4FV3AJFGJ3IJEENIZM3TZHE.jpg\")
<\/p>\n
Maricopa County Attorney’s Office, Arizona. (Source: Maricopa County Attorney’s Office)<\/p>\n
In a statement, the Maricopa County Attorney’s Office said its prosecutors knew the victim\u2019s family would address the court during sentencing but weren’t aware of the nature of it.<\/p>\n
While the use of AI within the court system is expanding, it\u2019s typically been reserved for administrative tasks, legal research and case preparation. In Arizona, it\u2019s helped inform the public of rulings in significant cases.<\/p>\n
But using AI to generate victim impact statements marks a new tool for sharing information with the court outside the evidentiary phases.<\/p>\n
Reller told the appeals court that the video doesn\u2019t disclose who wrote the words used by the AI version of Pelkey and wasn\u2019t backed up with evidence establishing that its contents accurately reflected Pelkey\u2019s views. <\/p>\n
It also had an \u201cundue emotional weight\u201d and conveyed an authenticity that wouldn\u2019t have been there had a family member read the same words aloud, Reller said.<\/p>\n
Horcasitas\u2019 lawyer contended the judge weighed the statements made in the AI-generated video when deciding on a sentence, but prosecutors argued Lang didn\u2019t consider the footage when issuing the punishment.<\/p>\n
Shortly before delivering the sentence, the judge commented that he \u201cloved that AI\u201d but didn\u2019t say from the bench whether the video factored into his decision. <\/p>\n
Lang said he felt Pelkey\u2019s \u201cobvious forgiveness of Mr. Horcasitas reflects the character I heard about today.\u201d<\/p>\n
The family\u2019s lawyers say the judge was already inundated with relevant information from Pelkey\u2019s family and friends before the AI video was played \u2014 and that nothing in the video was inflammatory. Horcasitas\u2019 attorney didn\u2019t object to the AI video.<\/p>\n","protected":false},"excerpt":{"rendered":"An Arizona man\u2019s 10-year manslaughter sentence has been tossed in a case where a video generated by artificial…\n","protected":false},"author":2,"featured_media":620239,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[365,363,364,67,111,139,64,69,145],"class_list":["post-620238","post","type-post","status-publish","format-standard","has-post-thumbnail","category-artificial-intelligence","tag-ai","tag-artificial-intelligence","tag-artificialintelligence","tag-crime-and-justice","tag-new-zealand","tag-newzealand","tag-north-america","tag-nz","tag-technology"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/620238","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=620238"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/620238\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/620239"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=620238"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=620238"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=620238"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}