NATIONAL NEWS

Sentence tossed in Arizona case where deceased victim was depicted speaking in AI-generated video

Oct 1, 2026, 4:59 PM

FILE - The Army dress uniform and photo of the late Christopher Pelkey is displayed at his mother's...

FILE - The Army dress uniform and photo of the late Christopher Pelkey is displayed at his mother's home, May 7, 2025, in Chandler, Ariz. (AP Photo/Matt York, File)
Credit: AP Photo/Matt York

(AP Photo/Matt York, File)

PHOENIX (AP) — An Arizona man’s 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.

In a decision released Wednesday, 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.

The court found the video crossed the line, saying it didn’t reflect actual events and presented statements made in the footage as coming directly from the victim.

“Indeed, 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 three-judge panel wrote.

Jessica Gattuso, an attorney who represented victims in the case, and Kristen Reller, Horcasitas’ lawyer, declined to comment Thursday on the decision.

Reller had argued Superior Court Judge Todd Lang violated due process protections by relying on AI evidence. Gattuso and prosecutors told the appeals court that the lower-court judge didn’t err, saying the footage was an accurate representation of Pelkey’s character.

In what’s believed to be a first in U.S. courts, Pelkey’s family used AI to create a video of his likeness to give him a voice. Pelkey’s sister, Stacey Wales, raised the idea of her brother speaking for himself after struggling to figure out what he would say.

The AI-generated victim impact statement was played during a May 2025 sentencing hearing after nine of Pelkey’s family members and friends stood before the judge describing how emotionally devastated they were by his killing.

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’ vehicle.

Horcasitas was convicted of manslaughter in Pelkey’s death and endangerment for a gunshot that struck another vehicle at the intersection during the encounter.

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 “in another life, we probably could have been friends.” The video didn’t request a specific prison sentence.

Horcasitas’ appellate lawyer argued her client had no meaningful opportunity to rebut material in the AI-generated video.

It’s not clear if attorneys or the court were aware in advance that an AI-generated video would be used. But attorneys representing Pelkey’s family said in court records that Arizona law does not require victims to disclose statements they plan to make in court to prosecutors, defense attorneys or the judge — and that victims can exercise their rights by speaking before the court or submitting statements that are written or recorded on audio or video.

In a statement Thursday, the Maricopa County Attorney’s Office said its prosecutors knew the victim’s family would address the court during sentencing but weren’t aware of the nature of it.

While the use of AI within the court system is expanding, it’s typically been reserved for administrative tasks, legal research and case preparation. In Arizona, it’s helped inform the public of rulings in significant cases.

But using AI to generate victim impact statements marks a new tool for sharing information with the court outside the evidentiary phases.

Reller told the appeals court that the video doesn’t disclose who wrote the words used by the AI version of Pelkey and wasn’t backed up with evidence establishing that its contents accurately reflected Pelkey’s views. It also had an “undue emotional weight” and conveyed an authenticity that wouldn’t have been there had a family member read the same words aloud, Reller said.

Horcasitas’ lawyer contended the judge weighed the statements made in the AI-generated video when deciding on a sentence, but prosecutors argued Lang didn’t consider the footage when issuing the punishment.

Shortly before delivering the sentence, the judge commented that he “loved that AI” but didn’t say from the bench whether the video factored into his decision. Lang said he felt Pelkey’s “obvious forgiveness of Mr. Horcasitas reflects the character I heard about today.”

The family’s lawyers say the judge was already inundated with relevant information from Pelkey’s family and friends before the AI video was played — and that nothing in the video was inflammatory. They also said Pelkey’s previous attorney didn’t object to the AI video.

National News

California Republican gubernatorial candidate Steve Hilton speaks during a news conference to launc...

Associated Press

Steve Hilton faces steep odds in bid for California governor after 20-year GOP drought

LOS ANGELES (AP) — To become California’s next governor, Republican Steve Hilton must conjure up a feat of political wizardry, the equivalent of pulling voters out of thin air in a state that hasn’t elected a Republican to any statewide office in two decades. “I’ve never said it’s going to be easy,” Hilton said in […]

2 hours ago

This photo provided by Jack Pearadin shows the American Dream diamond sitting on top of a large gem...

Associated Press

Arkansas gem hunter says he found what may be a $1 million diamond

LITTLE ROCK, Ark. (AP) — Jack Pearadin is the first to admit that his diamond-hunting hobby hasn’t paid off, despite sifting rocks for more than a dozen years. But earlier this year, the Navy reservist and his friend shoveled a six-carat diamond from a field in Arkansas where he’s found over 300 gems so far. […]

2 hours ago

President Donald Trump speaks as Commerce Secretary Howard Lutnick, right, and Energy Secretary Chr...

Associated Press

Iowa lawmakers to vote on raising tax incentive cap for a $15B steel plant

DES MOINES, Iowa (AP) — Iowa lawmakers will return to the Statehouse Friday to consider expanding the ceiling on state tax incentives in an effort to secure a $15 billion steel plant project for the state. President Donald Trump announced the plant Monday alongside Iowa elected officials, heralding the project as a major economic and […]

8 hours ago

Associated Press

Trump tried to make an ally out of fishermen. Some have started to turn on him

PORTLAND, Maine (AP) — John Evich, a commercial fisherman in Washington and Alaska, has voted for President Donald Trump three times, viewing him as someone who would fight for his industry. But these days, Evich is weary of the high cost of doing business at sea, with fuel prices rising and trade hostilities with Canada […]

8 hours ago

Emergency vehicles arrive at Riverbend Maximum Security Institution after the execution of Christa ...

Associated Press

Many states have backup execution plans, but failures still happen

Long before Christa Pike was brought into Tennessee’s execution chamber, prison leaders reviewed and approved a backup plan detailing exactly what to do if the first attempt at lethal injection failed. But the backup plan also failed, and Thursday — 24 hours later — Pike was still alive but in critical condition at a Tennessee […]

8 hours ago

FILE - A natural gas meter operates Jan. 22, 2025, in Portland, Ore. (AP Photo/Jenny Kane, File)Cre...

Associated Press

Households will pay more for energy because of Trump’s policy changes, think tank says

Households in the contiguous United States will pay thousands of dollars more for energy through 2040 because of federal policy changes since President Donald Trump returned to office, according to modeling released Friday by a nonpartisan think tank. The Energy Innovation analysis found that households will pay an average of $6,500 more for energy, cumulatively […]

8 hours ago

Sentence tossed in Arizona case where deceased victim was depicted speaking in AI-generated video