Court throws out killer’s sentence after judge said he ‘loved’ AI video of slain man

The family of a road rage victim in Arizona used his likeness to create a posthumous AI video played at his killer’s sentencing last year. Now, an appeals court has vacated the sentence, calling the decision to allow the video a “fundamental error.”

Last May, Maricopa County Superior Court Judge Todd Lang gave Gabriel Paul Horcasitas the maximum sentence for the fatal shooting of Christopher Pelkey, 37, on Nov. 13, 2021. Horcasitas, 54, was convicted of manslaughter and endangerment.

The 10 1/2-year sentence was handed down after an AI-generated video was played in court in which a replica of Pelkey voiced “forgiveness” for Horcasitas.

On Wednesday, the Arizona Court of Appeals in Phoenix ordered a resentencing, writing that the video “clearly impacted the sentencing judge, who said he ‘loved’ the video and felt it ‘was genuine.’”

“On this record, the judge’s consideration of the AI video so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair,” the appellate judges stated. “Accordingly, we vacate the sentence for manslaughter and remand for resentencing.”

NBC News has reached out to lawyers for Horcasitas and for Pelkey’s family for comment.

At the 2025 sentencing, the AI version of Pelkey, created by his sister…

Original source: https://www.nbcnews.com/business