Gabriel Paul Horcasitas was convicted in the 2021 shooting death of Christopher Pelkey, and he was sentenced to 10.5 years in prison in 2025

NEED TO KNOW

• An Arizona appeals court threw out a man’s 10.5-year manslaughter sentence after finding that an AI-generated victim impact statement made his sentencing unfair
• Gabriel Paul Horcasitas was convicted in the 2021 shooting death of Christopher Pelkey, and he was sentenced in 2025
• In the video, an AI representation of Pelkey created by his sister spoke of his personal faith and belief in forgiveness

An Arizona man’s manslaughter sentence has been overturned after an appeals court ruled that an AI-generated video portraying his deceased victim — a man who died in a road rage incident — should not have been played during the sentencing hearing.

Gabriel Paul Horcasitas was convicted of manslaughter in May 2025 in connection with the 2021 shooting death of 37-year-old Christopher Pelkey.

During Horcasitas’ sentencing hearing, Pelkey’s family played an AI version of Pelkey created by his sister for the court. It was the first time in Arizona judicial history that AI was used to create a victim impact statement for someone who had already died, The Guardian and ABC15 reported at the time. 

Horcasitas was subsequently sentenced to 10.5 years in prison.

However, an Arizona appeals court has now vacated his sentence in a Sept. 30 opinion obtained by PEOPLE. The court upheld Horcasitas’ conviction, but ruled that the AI-generated victim impact statement violated his right to a fair sentencing outcome.

In the video played to the court in 2025, footage of the real Pelkey in everyday life was intermixed with an AI representation of him speaking about his faith and his belief in forgiveness.

“To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances,” the AI version of Pelkey says in the video. “In another life, we probably could have been friends.”

“I believe in forgiveness, and a God who forgives. I always have, and I still do,” Pelkey’s AI representation added. 

According to the recent appellate court ruling, the sentencing judge reacted strongly to the video at the time.

“I loved that AI,” the judge said before delivering his sentencing decision, adding that he felt the message was “genuine” and that Pelkey’s “obvious forgiveness” reflected the character described by his family, per the court opinion.

In the more recent decision, appeals court judges noted that victim impact evidence is allowed at sentencing, but said it still must be reliable enough to satisfy basic due process protections.

The court said the AI video crossed that line because, unlike an actual photograph or video, it did not depict a real event or record Pelkey’s actual words, and was instead someone else’s understanding of what he might have said.

“While the record does not reflect precisely how the AI video factored into the sentencing calculus, there is no question it played a role,” the court wrote.

The court ultimately ruled that allowing the AI-generated video to be played in court amounted to a serious legal error.

Horcasitas’ manslaughter conviction will remain in place, but he will now return to court to be sentenced again.

An attorney for Horcasitas declined to comment when reached by PEOPLE. Attorneys representing the victim’s interests did not immediately respond to PEOPLE’s request for comment.

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Authorities said Pelkey was killed in November of 2021 while he and Horcasitas were both stopped at a red light.

Horcasitas repeatedly honked at Pelkey, who got out of his truck, waved his arms and approached Horcasitas’ car, according to an Arizona court memorandum obtained by PEOPLE.

Horcasitas shot twice, killing Pelkey with one bullet.

A jury ultimately rejected Horcasitas’ claim that he had acted in self-defense, per the appeal.

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