Arizona appeals court vacates sentence after use of AI victim video

The Arizona Court of Appeals has vacated the 10-year manslaughter sentence of Gabriel Paul Horcasitas, ordering a resentencing following the controversial use of an AI-generated video during his initial punishment hearing.

In 2025, the family of Christopher Pelkey, who was killed in a 2021 shooting, used artificial intelligence to create a video of Pelkey’s likeness. The video, which featured a digital replica of Pelkey expressing forgiveness toward Horcasitas, was played in court and significantly influenced the presiding judge, Todd Lang. The judge stated he ‘loved’ the video and found it ‘genuine.’

The appellate court ruled that the use of the video was a ‘fundamental error’ that prejudiced the sentencing procedure. The three-judge panel concluded that the video did not document actual events but instead presented a depiction of the victim and his thoughts created from the ‘imaginings of the victim’s sister.’ The court found that relying on this unreliable AI evidence rendered the sentencing fundamentally unfair and violated due process protections.