A court overturned the sentence of a man sentenced to more than 10 years in prison after the victim’s family used AI to make him speak at trial

Por Matías Mora
8 October, 2026

Chris Pelkey was 37, had served in Iraq and Afghanistan, and in 2021 was shot and killed in Arizona after a road rage incident in which Gabriel Horcasitas shot him.

Four years later, his sister decided that he should have a voice in the courtroom. Using recordings from an old YouTube video and a digitally altered photo from his funeral, she created an artificial intelligence avatar that “spoke” before the judge at the sentencing hearing. She wrote the script herself. In the message, the digital version of Chris said that in another life he and the person who killed him could have been friends, and expressed forgiveness. Judge Todd Lang said he had liked the video and had perceived Chris’s forgiveness in it. The family had asked for the maximum sentence, while the prosecution sought 9 years. Lang ended up sentencing Gabriel Horcasitas to 10,5 years in prison.

Stacey Wales

But in October 2026, the Arizona Court of Appeals overturned that sentence. Its judges held that the video showed the thoughts of a dead man constructed from his family’s imagination, and that the defendant had no real opportunity to rebut them. Horcasitas was not found innocent: he will remain convicted of involuntary manslaughter and must be sentenced again. His sister asked, where are the victim’s rights? How far can technology go inside a courtroom?

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