Arizona appeals court tosses killer’s sentence over AI-generated video of victim

An Arizona appeals court on Wednesday tossed a killer’s sentence over an AI-generated video of his victim.

Gabriel Horcasitas was convicted of manslaughter for fatally shooting Christopher Pelkey at a Chandler intersection after Pelkey got out of his truck and walked toward Horcasitas’ car, yelling.

Horcasitas argued self-defense, but a jury rejected that claim.

At the May 2025 sentencing, Pelkey’s family played a video that used his photos and voice to create a digital version of him.

In the video, the AI-generated Pelkey offered forgiveness to Horcasitas.

Maricopa County Superior Court Judge Todd Lang said he “loved that AI,” called it “genuine” and then sentenced Horcasitas to more than 10 years in prison, going beyond what prosecutors had asked for.

The Arizona Court of Appeals said the AI video went too far

The video did not reflect anything Pelkey actually said, the appeals court wrote, but instead presented his sister’s imagined version of his words as if they came from him directly.

“No disclaimer could cure that error,” Judge D. Steven Williams wrote.

The panel said victims have a constitutional right to speak at sentencing, and real footage of Pelkey included in the video was allowed.

Sentencing must rest on reliable information, and the judge’s reliance on the AI portion made the hearing fundamentally unfair, the court said.

The court let Horcasitas’ conviction stand but ordered a new sentencing hearing.

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