PHOENIX — An Arizona appeals court has upheld the manslaughter conviction of a man who fatally shot another driver during a road rage confrontation, but it has ordered a new sentencing hearing after finding a judge improperly relied on an AI-generated video portraying the victim.
The Arizona Court of Appeals, Division One, issued its ruling Wednesday in the case of Gabriel Paul Horcasitas. The court affirmed his conviction but vacated his 10.5-year prison sentence and sent the case back to Superior Court for resentencing.
This story comes from our reporting from May of 2025: Family uses AI to create video for deadly Chandler road rage victim's own impact statement
Friends and family members of the victim spoke about his life and the impact of his death. The victim's brother also read a statement the victim had written.
Then the victim's sister, Stacey Wales, introduced an AI-generated video depicting what appeared to be the victim speaking directly to the courtroom.
The video used the victim's picture and voice profile. It included some real footage of the victim, but also had an AI-generated version of him delivering statements about his beliefs, forgiveness and his family.
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The sentencing judge later said he "loved" the AI video and described it as "genuine." The judge specifically referenced what he viewed as the victim's forgiveness of Horcasitas and said it reflected the victim's character.
The judge ultimately sentenced Horcasitas to the presumptive 10.5 years in prison for manslaughter — a longer sentence than the nine years requested by prosecutors.
The appeals court said Arizona law gives crime victims the right to speak at sentencing, but that right does not override a defendant's constitutional right to due process.
At sentencing, courts can consider a broader range of information than they can during a trial. But that information still has to meet a minimum level of reliability.
The appeals court said the AI video did not.
Horcasitas' manslaughter conviction remains in place.
His 10.5-year sentence, however, has been vacated. The case will return to Maricopa County Superior Court for a new sentencing hearing.
The appeals court specifically said the real video footage of the victim was permissible. Its ruling was focused on the AI-generated portions that portrayed the victim saying things he never actually said.
Christopher Pelkey was killed in a road rage incident in Chandler in 2021, but last month, artificial intelligence brought him back to life during his killer’s sentencing hearing.
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