AI-generated video allows murder victim to speak at killer’s sentencing 

Gabriel Paul Horcasitas's attorney, Jason Lamm, described the victim statement as "cringe."

Christopher Pelkey (photo credit: YOUTUBE SCREENSHOT)
Christopher Pelkey
(photo credit: YOUTUBE SCREENSHOT)

Christopher Pelkey, a veteran who was murdered in a road rage incident nearly four years ago, was able to speak at his killer’s sentencing hearing last week to deliver an impact statement to the judge - with the help of artificial intelligence. 

Pelkey’s sister, who scripted the statement, used her brother’s likeness and voice during the May 1 hearing at an Arizona courthouse in the first such use of that technology in the state.

In November 2021, Pelkey was killed by Gabriel Paul Horcasitas, who has since been convicted of manslaughter charges. 

Pelkey’s AI spoke to Horcasitas in court and seemed to hold little, if any, ill will.

"In another life, we probably could have been friends," the AI-Pelkey said. "I believe in forgiveness and in God who forgives. I always have and I still do."

Stacey Wales, Pelkey's sister, told ABC affiliate KNXV that there was consensus among Pelkey’s loved ones that such sentiments would have been shared by him.

“This capture was a true representation of the spirit and soul of how Chris would have thought about his own sentencing as a murder victim," she shared.

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Horcasitas was sentenced to 10 and a half years in prison, a year harsher than what was being sought by the prosecution, according to ABC News. 

"I loved that AI, thank you for that. As angry as you are, as justifiably angry as the family is, I heard the forgiveness," the judge said during the sentencing. "I feel that that was genuine."

The use of artificial intelligence in US courts 

Horcasitas's attorney, Jason Lamm, told ABC News that the defendant had not been forewarned of the video and argued that it was not an accurate representation of Pelkey - whom he alleged initiated the road rage incident.

"I appreciate the fact that victims have the right to address the court, and this was a cathartic endeavor for Stacey Wells, but this was cringe," Lamm told ABC News. "This will be a bellwether case not just for Arizona but also courts around the country to rule on the use of AI in victim impact statements.”

Arizona Supreme Court Chief Justice Ann Timmer told KNXV: "AI has the potential to create great efficiencies in the justice system and may assist those unschooled in the law to better present their positions. For that reason, we are excited about AI's potential. But AI can also hinder or even upend justice if inappropriately used.

"A measured approach is best. Along those lines, the court has formed an AI committee to examine AI use and make recommendations for how best to use it. At bottom, those who use AI—including courts—are responsible for its accuracy.”