AI Video of Dead Man Influences Defendant’s Sentencing

In an episode of the Twilight Zone, a homicide victim testifies in court regarding his killer. The judge, moved by the dead man’s testimony, gives the defendant the maximum sentence for his crime.

However, this isn’t a Twilight Zone episode, a Black Mirror episode, or any other science fiction show. Gabriel Paul Horcasitas has been sentenced to 10.5 years in prison after Christopher Pelkey, the deceased, “testified” in court through the use of an AI video generated by the Pelkey’s family.

In 2021, Christopher Pelkey and Gabriel Paul Horcasitas were driving northbound on Gilbert Road in Chandler, AZ.  Once they stopped at a red light, Pelkey got out of his vehicle and walked towards the other vehicle, which was behind Pelkey’s vehicle. Horcasitas then fired multiple rounds from his gun, killing Pelkey. Horcasitas was charged with first-degree murder, drive-by shooting, and endangerment. A jury found Horcasitas guilty of manslaughter and endangerment.

At the sentencing hearing, Pelkey’s family played an AI (artificial intelligence) video of Christopher Pelkey. The AI video is about three and a half minutes long. At the beginning of the video, the AI image states: “Hello. Just to be clear for everyone seeing this, I’m a version of Chris Pelkey recreated through AI that uses my picture and my voice profile.” The video went on to thank everyone in Pelkey’s life who contributed an impact statement and attended the hearing.

Then, the video addressed the defendant, Gabriel Paul Horcasitas. “It is a shame we encountered each other that day in those circumstances. In another life, we probably could have been friends. I believe in forgiveness and in God who forgives. I always have and I still do,” the video said.

Horcasitas’ attorneys did not object to the use of the video. Later in the hearing, Judge Todd Lang said, “I loved that AI. Thank you for that.” The Court sentenced Horcasitas to 10.5 years in prison, a year more than the 9.5 years that the state had recommended.

Grounds for Excluding AI Videos

Horcasitas’ attorneys did not object, but there are legal (and moral) objections that could have been asserted. First, the AI video is not a video of Christopher Pelkey himself. Pelkey’s family, almost literally, put words in Pelkey’s mouth. No one knows if Pelkey would have forgiven Horcasitas if he had lived. The AI video should not have been introduced as it could have misled the Court into believing that Pelkey himself was expressing forgiveness rather than his family.

The AI video does state at the beginning that the video is generated through AI. However, the video states, “I’m a version of Chris Pelkey.” Whether an AI version of a person can actually be considered a person is a topic of much discussion in media like Black Mirror. This AI was not generated with the real Pelkey’s knowledge, consent, or input, and it should be understood as such. However, humans are visual and emotional creatures. Even impartial judges can be improperly influenced by a video of someone who looks and sounds like the deceased. The video is an emotional appeal, and it clearly had the intended impact here since it did sway Judge Lang to impose a higher sentence.

Moreover, the usage of AI here could lead to a slippery slope. What if the defense had offered to play an AI video of the deceased that showed he was not a good person? Perhaps the defense could have prepared an AI video where Pelkey stated he wished Horcasitas would kill himself or that Pelkey wished he had shot Horcasitas first. Such a statement would be just as “honest” and just as fictional as the AI video of Christopher Pelkey stating he forgave Horcasitas.

Everyone heals differently. AI video can be used for private purposes to help loved ones heal. For instance, an AI video could be used to read a will from a decedent. Or to help young children understand what happened to their parents. The use of AI by itself is not reprehensible. However, AI videos should not be used as evidence, whether to determine culpability or sentencing.

Do I Need a Criminal Defense Lawyer?

A criminal defense attorney can help you build your case can represent you during all the phases of a murder or manslaughter trial. The emotional benefits include some sense of relief that your attorney is on your side.