The Arizona Court of Appeals has thrown out the sentence of a man convicted in a 2021 road rage killing. The court ruled that an AI-generated video of the victim, played at sentencing, made the process unfair.
The ruling, issued Wednesday in Phoenix, orders a new sentencing hearing for Gabriel Paul Horcasitas, 54.
The AI Video at Sentencing
Horcasitas was convicted of manslaughter and endangerment in the fatal shooting of Christopher Pelkey, 37, on Nov. 13, 2021.
In May 2025, Maricopa County Superior Court Judge Todd Lang gave Horcasitas the maximum sentence of 10½ years in prison.
Before the sentence was handed down, Pelkey's family played a video that used artificial intelligence to recreate his face and voice. The video was made by his sister, Stacey Wales.
In the video, the AI version of Pelkey spoke directly to Horcasitas. "It is a shame we encountered each other that day in those circumstances," it said. "In another life, we probably could have been friends. I believe in forgiveness."
Lang appeared moved by the video. "I loved that AI. Thank you for that," he said at the hearing.
The judge said he felt the video was "genuine" and matched the character he had heard described in court. He also said he "didn't hear him asking for the maximum sentence."
The defense had asked for the lowest possible sentence. Lang chose the maximum, saying the loss described by Pelkey's family "could not be more profound," despite Horcasitas' "remorse" and otherwise "lawful life."
Why the Appeals Court Stepped In
On appeal, Horcasitas argued he was denied due process because the court heard and relied on the AI video.
The state disagreed. It said the video showed what Pelkey's sister believed he "would have said" and was "consistent" with Pelkey's written account of his beliefs and values.
The appeals court sided with Horcasitas. It wrote that the video "clearly impacted the sentencing judge, who said he 'loved' the video and felt it 'was genuine.'"
The judges found the video "crossed that line" from acceptable to unduly prejudicial. They noted that it "does not reflect actual events."
The court said that "rather than documenting 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."
"On this record, the judge's consideration of the AI video so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair," the ruling stated.
Horcasitas' lawyer, Kristen Reller, declined to comment because the case is still active. A lawyer for Pelkey's family did not immediately respond to a request for comment.
The appeals court vacated the manslaughter sentence. The case now returns to the lower court for resentencing.
