Arizona Appeals Court Tosses Manslaughter Sentence After AI Video of Dead Victim Played in Court

An Arizona appeals court has thrown out a 10-and-a-half-year manslaughter sentence after an AI-generated video of the deceased victim was played during the original sentencing, in what appears to be a first in U.S. courts.

Gabriel Paul Horcasitas, 55, must be resentenced in the 2021 shooting death of Christopher Pelkey, 37, according to a decision released Wednesday by the Arizona Court of Appeals. The three-judge panel vacated the sentence imposed in May 2025 while upholding Horcasitas's manslaughter conviction.

The case centers on an AI video created by Pelkey's family that depicted the victim speaking directly to the judge from beyond the grave. The recreated version of Pelkey told Horcasitas, "It is a shame we encountered each other that day in those circumstances. In another life we probably could have been friends." The AI voice added, "I believe in forgiveness, and a God who forgives. I always have and I still do."

Pelkey's sister, Stacey Wales, wrote the script and used voice recordings, videos and photos to recreate her brother for the clip. Wales said the family's only goal was to humanize Pelkey for the sentencing judge, and that she was disappointed the AI video became the reason the sentence was overturned.

"It feels unfair because there is a convicted murderer sitting in prison that has blankets and walls of protection around their rights," Wales said. "Where are the rights for the victim?"

At the May 2025 hearing, Maricopa County Superior Court Judge Todd Lang played the video after nine of Pelkey's family members and friends delivered emotional statements. Lang told the court, "I loved that AI, thank you for that. As angry as you are, as justifiably angry as the family is, I heard the forgiveness. I feel that was genuine."

The judge ultimately sentenced Horcasitas to 10 and a half years, a term above the nine years requested by the state. Horcasitas, who apologized and called the incident "the most frightening and regrettable five seconds of my life," argued on appeal that the AI video carried "undue emotional weight" and was not reliable.

The appellate court agreed. The panel found the video "crossed the line" because it did not document an actual event but presented statements 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 ruling read.

The court concluded that the judge's consideration of the video "so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair."

The Maricopa County Attorney's Office said in a statement Thursday that its prosecutors knew the victim's family would address the court during sentencing but were not aware of the nature of the AI video. Attorneys for the Pelkey family and for Horcasitas declined to comment on the decision.

Gary Marchant, a law professor at Arizona State University, said the ruling comes as the use of AI in courtrooms expands, typically for administrative and research tasks. He warned that the technology could open the door to more attempts to introduce AI-generated evidence.

"There's a real concern among the judiciary and among lawyers that deepfake evidence will be increasingly used," Marchant said. "It's easy to create it and anyone can do it on a phone, and it could be incredibly influential because judges and juries, just like all of us, are used to believing what you see."

It is not yet clear when Horcasitas will be resentenced.