An Arizona man convicted of killing a driver will be resentenced after a state appeals court ruled that an AI-generated video of his victim was improperly shown in court. Gabriel Paul Horcasitas was sentenced to 10 years in prison after a jury found him guilty of shooting 37-year-old Christopher Pelkey during a red-light confrontation in 2021.
Before Horcasitas was sentenced in 2025, Pelkey's family presented a digital video created by his sister, Stacey Wales. Using old photos, videos, and voice recordings, she generated an AI version of Pelkey wearing a grey baseball cap. In court, the virtual avatar delivered a message addressed directly to Horcasitas, speaking about forgiveness and reflecting on how they might have been friends in another life. At the time, trial judge Todd Lang welcomed the presentation, stating that he felt the message of forgiveness was genuine.
However, defense lawyer Kristen Reller appealed the sentence, arguing that the judge should not have allowed the clip to be shown. The Arizona Court of Appeals agreed, ruling that 55-year-old Horcasitas must be resentenced because the video crossed legal boundaries. The appellate judges explained that instead of documenting an actual event or recording, the AI video presented a fictional depiction of the victim and his thoughts created from his sister's imagination.