US man to be resentenced after victim’s family showed court AI video of deceased being forgiving towards accused

A man convicted of killing another man during a road rage confrontation in the United States will be resentenced.

This was after an appeals court ruled that an AI-generated video of the victim appearing sympathetic towards the accused should not have been shown at his sentencing.

Gabriel Paul Horcasitas, 55, was sentenced to 10 years in prison for shooting and killing Christopher Pelkey, 37, during a confrontation at a red light in Arizona in 2021, BBC reported.

His legal team appealed the sentence, arguing that the judge should not have allowed the video, created by the victim's family, to be played in court.

Family used recordings and photos to recreate victim

Pelkey’s sister, Stacey Wales, told BBC in 2025 that the family used voice recordings, videos and photographs to create the AI version of her brother.

The video was shown ahead of Horcasitas’ sentencing in 2025.

In it, the AI-generated Pelkey addressed the man who killed him, expressing regret over their encounter and suggesting that they could have been friends under different circumstances.

The digital recreation also spoke about forgiveness and belief in a forgiving God.

The sentencing judge, Todd Lang, responded positively to the clip.

He thanked the family for the video and said he felt the forgiveness expressed in it was genuine.

Horcasitas’ lawyers subsequently challenged its use at sentencing.

Appeals court ruled video crossed a line

The Arizona Court of Appeals agreed that the clip had “crossed that line”, according to BBC.

The court said the video did not document an actual event or preserve something Pelkey had said.

Instead, it depicted the victim and attributed thoughts to him based on his sister’s imaginings.

Horcasitas will now be resentenced.

The ruling does not overturn the jury’s finding that he was guilty of killing Pelkey.