Court tosses manslaughter sentence after AI video of road-rage victim used in court

CHANDLER, Ariz. (AZFamily/Gray News) — A convict will have to be resentenced after the Arizona Court of Appeals vacated his sentence because an AI video of the victim affected the judge’s decision.

Gabriel Horcasitas was sentenced to 10 1/2 years in prison last year for the road-rage killing of Christopher Pelkey in November 2021.

The victim’s family created an AI video of Pelkey using a previously recorded video, a picture and a script written by his sister. That video was played during the sentencing.

The sentencing judge noted “obvious forgiveness” expressed in Pelkey’s AI statement before handing down the punishment to Horcasitas.

During the sentencing, the judge said he “loved” the video and that Pelkey was able “to speak from his heart” as the family envisioned.

In its decision announced Wednesday, the state Court of Appeals said the sentencing judge was prejudiced by the AI video, which made his decision fundamentally unfair.

The Court of Appeals said Horcasitas’ manslaughter conviction is upheld, but the 10 1/2-year sentence is vacated and he will be resentenced.