Arizona appeals court vacates manslaughter sentence over AI video of victim
In short
The Arizona Court of Appeals in Phoenix vacated the manslaughter sentence of Gabriel Paul Horcasitas and ordered a new sentencing, saying an AI-generated video of the victim shown in court rendered the proceeding fundamentally unfair. Horcasitas had received the maximum sentence in May 2025 for the 2021 road rage shooting death of Christopher Pelkey, 37. The video, created by Pelkey's sister, depicted an AI version of Pelkey offering forgiveness.
Read the full story 2 min read
The Arizona Court of Appeals in Phoenix vacated the manslaughter sentence of Gabriel Paul Horcasitas and ordered that he be resentenced, over an AI-generated video of the victim that was played at his sentencing hearing. In a decision released Wednesday, the three-judge panel found that the video was not reliable and that the sentencing judge's consideration of it made the proceeding fundamentally unfair. [ 1 , 2 , 4 ]
At the 2025 hearing, an AI version of Christopher Pelkey, created by his sister Stacey Wales, appeared to address the judge and the defendant. “To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances,” the artificial version of Pelkey said, according to NBC News. “In another life, we probably could have been friends. I believe in forgiveness.” Judge Todd Lang said at the hearing, “I loved that AI,” adding that he felt the video was “genuine.” [ 1 , 2 ]
The appellate judges wrote that the video “clearly impacted the sentencing judge, who said he ‘loved’ the video and felt it ‘was genuine,’” and that “on this record, the judge's consideration of the AI video so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair.” CBS News reported the panel also wrote that “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.” [ 1 , 2 ]
Horcasitas, 54, was convicted of manslaughter and endangerment in the Nov. 13, 2021 fatal shooting of Pelkey, 37, in a road rage incident. Lang handed down the maximum sentence. NBC News reported the sentence as 10½ years; CBS News described it as a 10-year sentence. [ 1 , 2 ]
CBS News reported that Wales used voice recordings, videos and pictures to recreate her brother for the AI video, and that the case is believed to be a first in U.S. courts. Horcasitas's lawyer, Kristen Reller, argued that Lang violated due process protections by relying on AI evidence, while attorney Jessica Gattuso and prosecutors told the appeals court the lower-court judge did not err, saying the footage was an accurate representation of Pelkey's character. Both attorneys declined to comment after the decision, CBS News reported, and NBC News said a lawyer for Pelkey's family did not immediately respond to a request for comment. [ 1 , 2 , 3 ]
Why it matters
The ruling sets a limit on how AI-generated material can be used as evidence in sentencing, with the appeals court finding the video did not reflect actual events and prejudiced the defendant. CBS News described the family's use of AI to depict the victim as believed to be a first in U.S. courts, so the decision is likely to be cited as courts weigh similar presentations.
Key facts
- The Arizona Court of Appeals in Phoenix vacated Gabriel Paul Horcasitas's sentence and remanded the case for resentencing. [ 1 , 2 , 4 ]
- Horcasitas was convicted of manslaughter and endangerment in the Nov. 13, 2021 fatal shooting of Christopher Pelkey, 37, in a road rage incident in Maricopa County, Arizona. [ 1 ]
- Judge Todd Lang imposed the maximum sentence in May 2025 after an AI-generated video of Pelkey was played in court. [ 1 , 2 ]
- In the video, an AI version of Pelkey said, “I believe in forgiveness,” and addressed Horcasitas directly. [ 1 , 2 ]
- The three-judge appellate panel wrote that the judge's consideration of the AI video “so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair.” [ 1 ]
- The court said the video depicted the victim and his thoughts as “created from the imaginings of the victim's sister.” [ 2 ]
- The video was created by Pelkey's sister, Stacey Wales, using voice recordings, videos and pictures, CBS News reported. [ 2 ]
- Attorneys Kristen Reller and Jessica Gattuso declined to comment on the decision, according to CBS News. [ 2 ]
Confirmed by several sources
- The Arizona Court of Appeals vacated the sentence and ordered a resentencing. [ 1 , 2 , 4 ]
- An AI-generated video of the victim was played at the 2025 sentencing hearing. [ 1 , 2 ]
- The appellate court found the AI video prejudiced the defendant and made the sentencing fundamentally unfair. [ 1 , 2 ]
- The video was created by the victim's sister and showed an AI likeness of Pelkey speaking about forgiveness. [ 1 , 2 ]
Still unclear
- The length of the original sentence: NBC News reported 10½ years and CBS News reported 10 years. The two outlets give different figures for the same sentence.
- Whether prosecutors or the victim's family will challenge the appellate ruling or seek further review. No document states any planned next legal step beyond a resentencing.
- When the resentencing will take place. The documents say the case was remanded but give no date.
- Comment from Horcasitas's lawyer or the victim's family's lawyer. CBS News reported both attorneys declined to comment; NBC News said a lawyer for Pelkey's family did not respond.
What local media are saying
Timeline, local time
- Christopher Pelkey, 37, is fatally shot in a road rage incident in Maricopa County, Arizona; Gabriel Paul Horcasitas is later convicted of manslaughter and endangerment. [ 1 ]
- Judge Todd Lang imposes the maximum sentence on Horcasitas after an AI-generated video of Pelkey is played in court. [ 1 , 2 ]
- The Arizona Court of Appeals in Phoenix vacates the sentence and remands for resentencing. [ 1 , 2 , 4 ]
- NBC News publishes its report on the ruling. [ 1 ]
- CBS News publishes a video report on the ruling. [ 3 ]