An AI-generated video avatar of a man shot and killed in a 2021 road rage incident was presented in court as an unprecedented type of victim statement. The presiding judge claims the video moved him.
As 404 Media reports, Christopher Pelkey was shot and killed in 2021 by Gabriel Paul Horcasitas following a road rage incident. As part of a family victim statement, Christopher Pelkey’s AI-generated likeness and voice spoke directly to the shooter, suggesting that had the two met under different circumstances, they could probably have been friends. The AI-generated Pelkey offered further advice to people in general, advising people to make the most of their time and tell people they love them.
Pelkey’s sister, Stacey Wales, made the AI-generated version of Christopher with the help of her husband, Tim Wales, and their friend, Scott Yentzer. Stacey Wales wrote the script, provided the images for the AI-generated likeness, and used audio from a prerecorded interview that Christopher provided months before his death.
Maricopa County Superior Court Judge Todd Lang reacted positively to the video.
“I loved that AI, and thank you for that,” Lang said. “As angry as you are, and as justifiably angry as the family is, I heard the forgiveness, and I know Mr. Horcasitas could appreciate it, but so did I.”
“I love the beauty in what Christopher, and I call him Christopher — I always call people by their last names, it’s a formality of the court — but I feel like calling him Christopher as we’ve gotten to know him today. I feel that that was genuine, because obviously the forgiveness of Mr. Horcasitas reflects the character I heard about today. But it also says something about the family, because you told me how angry you were, and you demanded the maximum sentence. And even though that’s what you wanted, you allowed Chris to speak from his heart as you saw it. I didn’t hear him asking for the maximum sentence,” Lang continued, before sentencing Horcasitas to the maximum possible penalty for his manslaughter conviction — 10.5 years. The prosecution had asked for nine.
As 404 Media and The Associated Press report, Arizona law provides significant flexibility for what form victim impact statements can take.
Pelkey’s sister told 404 Media she struggled to write her own victim impact statement for the case before she decided to use AI to give her brother a voice in court. She and her husband, Tim, discussed the idea and ultimately decided it would work.
“We talked about it and [Tim] says, ‘You know you have to be careful with this stuff. In the wrong hands it can send the wrong message,’” Stacey told 404 Media. “He says, ‘Because without the right script, this will fall short. It will be flat and hokey and I’m not going to let it go out if it’s not authentic.’”
“Our goal was to make the judge cry. Our goal was to bring Chris to life and humanize him,” Stacey Wales said.
Horcasitas’ lawyer, Jason Lamm, told AP that they had filed a notice to appeal Horcasitas’ sentence shortly after the sentencing hearing. The lawyer reportedly said the appellate court will likely consider whether the judge improperly relied on the AI video presented in court when determining the sentence.
“There’s a real concern among the judiciary and among lawyers that deepfake evidence will be increasingly used,” Gary Merchant, a member of Airzona’s new committee on AI in courts and Arizona State University law professor, told AP. “It’s easy to create it and anyone can do it on a phone, and it could be incredibly influential because judges and juries, just like all of us, are used to believing what you see.”
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