Arizona man’s 10-year slaying sentence is good to go. And social media can’t stop talking about one aspect of the case: the AI video of the deceased. He was brought in before the court was set up to punish him Gabriel Paul Horcasitas. He is convicted of the 2021 shooting death of a 37-year-old man Christopher Pelkey.
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The victim’s sister created the AI video that was shown in the Arizona Court
Christopher Pelkey’s family used AI to create a video of his appearance to give him a voice. Pelkey’s sisterStacey Walesthe idea of her brother speaking for himself after struggling to figure out what to say.
Jessica Gattuso is a lawyer who represented victims in the case, and Kristen Reller was Gabriel Paul Horcasitas’ lawyer. Reeller argued that Supreme Court Justice Todd Lang violated due process protections by relying on AI’s evidence. Gattuso and prosecutors told the appeals court that the lower court judge did not err, saying the photos accurately represented Pelkey’s character.
Stacey Wales expected to appeal the sentence. But after the court overturned the 10-year sentence, she expressed her disappointment that the AI video was referred to as the conclusion. Her only goal, she said, was to humanize her brother for the judge.
“It feels unfair to have a convicted murderer sitting in prison who has blankets and protective walls around their rights. Where are the rights of the victim?” said Wales.
A victim advocate has told the family that another appeal could lead to AI being used again.
“We will continue to allow his voice to be heard in any way that is allowed to be expressed through the court system,” Wales said.
Wait, What Happened With The Arizona Case & AI Video?
Authorities say Horcasitas, 55, fatally shot Christopher Pelkey during a road rage incident in November 2021 at a traffic stop in Chandler. Horcasitas shot an unarmed Pelkey after he got out of his truck and walked to Horcasitas’ vehicle. A jury found Horcasitas guilty of murder in Pelkey’s death. Also, he was convicted of reckless endangerment for a gun that hit another vehicle at the intersection when it happened.
The AI-generated victim impact statement was played at a sentencing hearing in May 2025. This was after nine of Christopher Pelkey’s family members and friends stood before the judge describing how horrified they were by his murder.
AI Pelkey’s statement said he wished he could still be with his friends and family. Also, he believed in forgiveness and said it was a shame that Gabriel Paul Horcasitas met him because of it. “In another life, maybe we could be friends.”
The video did not ask for a specific prison sentence. While the use of AI within the court system is expanding, it has typically been used for administrative tasks, legal research and case preparation. In Arizona, he has helped inform the public about governance in important cases.
But the use of AI to generate victim impact statements marks a new tool for sharing information with the court beyond the evidentiary stages. Gabriel’s lawyer, Reller, told the appeals court that the AI video does not show who wrote the words used by the AI version of Pelkey. Also, there was no evidence that it accurately reflected Pelkey’s views. He also had “undue emotional stress.” And it provided an authenticity that wouldn’t have been there if a family member had read the same words aloud, Reller said.
Did the first judge use AI video of a victim to determine the sentence?
Before the latest decision, Horcasitas’ lawyer, Reller, said that the judge weighed the statements made in the video created by AI when deciding on a sentence. However, prosecutors said Judge Lang did not consider the film when handing down the sentence. Shortly before delivering the sentence, the judge said he “loved that AI”. However, he did not say from the bench whether the video factored into his decision. Lang said he felt that Pelkey “Mr. Horcasitas’ apparent forgiveness reflects the character I heard about him today.”
Meanwhile, the family’s lawyers say the judge already had a lot of relevant information from Pelkey’s family and friends before the AI video. They said there was nothing inflammatory in the video. Horcasitas’ attorney did not object to the AI video at the time.
The Court leaves sentence as is conviction in the case of Gabriel Paul Horcasitas
In a decision released Wednesday (September 30), the Arizona Court of Appeals ruled that Horcasitas must be held responsible for the shooting death because the AI video was not reliable. The court found that the video crossed the line, saying that it did not show real events. In addition, the court said that it presented statements made in the film as coming directly from the victim.
“In fact, instead of recording an event or recording a specific moment, the AI video portrays the victim and his thoughts created from the victim’s sister’s simulations,” wrote the panel of three judges.
Also, Horcasitas’ appellate lawyer said her client had no meaningful opportunity to repost material in the AI-generated video. It is unclear whether lawyers or the court were aware of the AI video beforehand. But attorneys representing the Pelkey family cited the Arizona law in court records. They said it does not require victims to disclose statements they plan to make in court to prosecutors, defense attorneys or the judge. Also, victims can exercise their rights by speaking before the court or submitting written or audio or video recorded statements.
Jessica Gattuso and Kristen Reeller declined to comment on Thursday’s decision. In a statement Thursday, the Maricopa County District Attorney’s Office said prosecutors knew the victim’s family would address the court during sentencing. However, he was not aware of its nature.
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Associated Press Writers Jacques Billeaud and Mikella Schuettler contributed to this report via AP Newsroom.
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