An Arizona appeals court has overturned the prison sentence of a man convicted of manslaughter after a road rage incident, determining that an AI-generated video of his deceased victim used during sentencing was unreliable and created fundamental unfairness in the proceedings.
The New York Post reports that Gabriel Horcasitas will face resentencing after the Arizona Court of Appeals vacated his 10.5-year prison sentence on Wednesday. Horcasitas was convicted of manslaughter and endangerment in the 2021 shooting death of Christopher Pelkey during a road rage incident in Chandler, Arizona, approximately 25 miles outside Phoenix.
The appellate court took issue with an AI-generated video of Pelkey that was presented during the original sentencing hearing. Breitbart News reported on the controversial AI video last year:
The AI-generated video, believed to be the first of its kind used nationwide, recreated Pelkey’s image and voice, allowing him to “speak” about his life and the fateful day he encountered Horcasitas. The video included real footage from Pelkey’s life, showcasing his personality and sense of humor, while also addressing his killer directly.
“In another life, we probably could have been friends,” the AI version of Pelkey said to Horcasitas. “I believe in forgiveness…” The video also featured a photo of Pelkey with an “old age” filter, as he remarked, “This is the best I can ever give you of what I would have looked like if I got the chance to grow old. Remember, getting old is a gift that not everybody has, so embrace it and stop worrying about those wrinkles.”
“I believe in forgiveness and God who forgives. I always have, and still do,” the AI version of the 37-year-old victim stated in the video.
The video was created by Pelkey’s family, with his sister Stacey Wales writing the script that the AI version of her late brother delivered. Wales told media outlets that she wanted to give her brother a voice in the case concerning his death. The video included a real photograph of Pelkey that had been processed through an “old age” filter.
At the original sentencing hearing, Maricopa County Superior Court Judge Todd Lang expressed approval of the video presentation. “I loved that AI,” Judge Lang said, calling it “genuine.” He stated that the presentation gave Pelkey a chance “to speak from his heart.” Following the video, Judge Lang sentenced Horcasitas to more than 10 years in prison, exceeding the prosecution’s recommendation.
The Arizona Court of Appeals determined that the AI video was “not reliable” and constituted a “fundamental error” that prejudiced the judge and rendered the sentencing “fundamentally unfair.” The court noted in its decision that no Arizona case had previously addressed the admissibility of an AI-generated depiction of a victim offered as a victim impact statement.
In reaching its decision, the Court of Appeals drew guidance from the Arizona Supreme Court’s analysis in State v. Rose. That case involved Edward James Rose, who was sentenced to death for the 2007 killing of a Phoenix police officer. Rose had challenged the use of photographs showing the officer’s sons at his grave as too prejudicial. The Arizona Supreme Court ruled those photographs came “uncomfortably close” to crossing the line but did not exceed acceptable boundaries.
“By contrast, the AI video crossed that line. Unlike the photographs in Rose, which captured a particularly poignant moment for the young surviving victims, the AI video here (excluding the embedded ‘real’ videos of the victim) does not reflect actual events,” the court wrote in its Wednesday decision.
The court continued: “Indeed, 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.”
The shooting occurred in 2021 when Pelkey approached Horcasitas’ vehicle during a road rage confrontation. Horcasitas shot and killed Pelkey during the encounter.
Horcasitas was initially convicted of manslaughter and endangerment in 2023. However, he was granted a new trial due to a prosecution evidence-disclosure failure. In 2025, he was found guilty of both charges again during a retrial.
While the Court of Appeals upheld Horcasitas’ manslaughter conviction, it vacated his prison sentence and ordered that he be resentenced. A date for the resentencing hearing has not yet been scheduled.
Read more at the New York Post here.
Lucas Nolan is a reporter for Breitbart News covering issues of AI, free speech, and online censorship.