Victim killed by aggressive driving revived by generative AI and speaks in court; judge gives 10.5-year prison sentence to perpetrator

On Wednesday, May 7, 2025, a man was killed in a road rage incident in Arizona, USA. The victim of the road rage was revived by AI technology and spoke in court. As a result, the perpetrator of the incident was sentenced to 10 and a half years in prison.

Road rage victim 'speaks' via AI at his killer's punishment
https://www.nbcnews.com/news/us-news/road-rage-victim-speaks-killers-sentencing-rcna205454

AI used to make video of deceased victim deliver impact statement in court : NPR
https://www.npr.org/2025/05/07/g-s1-64640/ai-impact-statement-murder-victim

Should a Killer's Victim Be Able to 'Speak' at a Sentencing Through AI?
https://reason.com/volokh/2025/05/08/should-a-killers-victim-be-able-to-speak-at-a-sentencing-through-ai/

On November 13, 2021, Gabriel Paul Horcasitas shot and killed Christopher Pelkey after a reckless driving incident. In the case, Horcasitas was convicted of negligent homicide and endangerment in the spring of 2023. However, a new trial was ordered after the judge determined that the prosecution had failed to disclose potentially important evidence in a timely manner. In the second trial, Horcasitas was expected to face a sentence of seven to 10.5 years in prison, with the defense seeking a seven-year sentence.

At the second trial on Thursday, May 1, 2025, Judge Todd Lang of Maricopa County Superior Court allowed the victim's family members to play the 'AI-generated video of Mr. Pelkey.'

The video played in court is below. The AI-generated video of Mr. Pelkey has a face and body that are exactly like a human. The statements made by Mr. Pelkey in the video are based on a script written by his sister, Stacey Wales, her husband, Tim Wales, and his friend, Scott Yentzer.

AI of Murdered Chris Pelkey Makes His Own Impact Statement at Sentencing (a court 1st), with Judge - YouTube


In the video, the AI-created Pelkey says, 'To Gabriel Horcasitas who shot me, I am sorry we met that day and in those circumstances.' 'In another life, maybe we could have been friends. I believe in forgiveness,' he says, expressing forgiveness rather than resentment toward the assailant.

Below is a video of Judge Lang's reaction after Pelkey's video was played. 'I know you are angry, and I know the family is angry. But I have heard forgiveness,' Judge Lang said. 'And it was heartfelt. I think Pelkey's clear forgiveness of Horcasitas is a reflection of the character I've heard today.' He then sentenced Horcasitas to 10 and a half years in prison.

Judge Todd Lang's Reaction to Chris Pelkey's AI Impact Statement During Sentencing, 5/1/2025 - YouTube


Pelkey's sister, Stacey Wales, and her husband, Tim Wales, both work in the AI industry, and when Stacey suggested bringing his brother back to life with AI, Tim was very hesitant.

Stacey recalls the moment she made the suggestion, saying, 'Tim seemed hesitant, and he said, 'Stacey, do you know what you're asking me to do? This is my best friend, too?' And I said, 'I know, he's my brother.' And Tim said, 'If the AI video we created isn't perfect and it truly embodies the spirit of Chris, I will never let it be released.''

Stacey said she would not have thought of using AI to recreate her brother in 2023. 'When I was in the shower or in the car, or whenever my mind was quiet, I wrote down everything I could think of - what I was feeling, whether I was frustrated, crying, or emotional, whether I was screaming, whether I was angry, whether I was in love,' she said. 'I wrote for two years, but it never occurred to me until a week and a half before this second trial to try to recreate Chris' voice with AI.'

Meanwhile, Jason Lamb, who represented Horcasitas, pointed out that the AI video was a major issue in the trial. 'The judge certainly has discretion in what he hears from the victim, but the appeals court has to make the right decision on whether this was an error, whether it was overly inflammatory, and to what extent the judge relied on it in making his decision,' Lamb said, questioning the impact of the AI video.

Gary Merchant, a law professor at Arizona State University, praised the family for creating an AI video (in which Pelkey expresses forgiveness to Horcasitas) that defeats the purpose of 'maximizing the punishment for Horcasitas.' However, he also said, 'The family has done a very good job of recreating what he said and has the best understanding of what he said. But this is a complete fabrication. It's not true,' and he fears that this case could set a bad precedent.