A three‑judge panel of the Arizona Court of Appeals on Tuesday upheld the 2021 conviction of Gabriel Horcasitas for the fatal shooting of Christopher Pelkey, but it cleared the way for a new sentencing hearing.
The ruling came after the trial judge allowed the Pelkey family to show an AI‑generated video of the victim delivering a message of forgiveness, a move the appeals court deemed beyond a conventional victim‑impact statement.
Judge Todd Lang had praised the video during sentencing, saying he was moved by the "forgiveness" it portrayed. The panel countered that the footage reflected imagined thoughts of Pelkey, not his actual words.
Pelkey’s sister Stacey Wales explained the video was crafted to convey her brother’s feelings and the loss felt by those close to him. The court noted that such reconstruction violates procedural fairness.
Horcasitas will now face a fresh sentencing hearing in the Superior Court, with the deadline for the new decision set for August 15. The case highlights the limits of AI in criminal proceedings.