Court of Appeals vacates Chandler road rage sentence due to AI victim video
ARIZONA - A murder convict will have to be resentenced after the Arizona Court of Appeals vacated his sentence for a 2021 road rage killing in Chandler due to an AI video of the victim affecting the judge’s decision.
Gabriel Horcasitas was sentenced to 10 1/2 years in prison last year for the shooting death 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 Pelkey’s 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 that AI” 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.