Arizona court accepts AI video statement from a deceased victim

In a first for the U.S. legal system, an Arizona court has accepted an AI-generated video statement created in the likeness of a deceased victim, as part of a sentencing hearing. The digital recreation of Christopher Pelkey, who was killed in a 2021 road rage incident, was shown during the sentencing of Gabriel Horcasitas, the man convicted of his death.

The avatar was developed by Pelkey’s sister, Stacey Wales, with the help of her husband, using a combination of image generation, voice cloning, and generative AI scripting tools. The video featured a digitally animated version of Pelkey delivering a victim impact statement addressed to the court and to Horcasitas. It was introduced as part of the family's statement during sentencing.

The video opened with a disclaimer that it was AI-generated and included some real footage of Pelkey during his lifetime, before transitioning back to the avatar. The AI version spoke directly to Horcasitas and expressed the family's sentiments regarding the loss and their experience over the last three and a half years.

Arizona law permits victim impact statements to be delivered in various formats, and there were no objections to the inclusion of the AI video. The family clarified that the content was written by them and did not purport to be Pelkey’s own words.

Jessica Gattuso, the family’s attorney, did note that Arizona’s victim rights legislation gave the family discretion in choosing the delivery format. "I didn’t see any issues with the AI and there was no objection," she said.

Judge Todd Lang, who presided over the case, also acknowledged the emotional impact of the presentation during sentencing. He granted the maximum penalty of 10.5 years, as requested by the family.

According to Stacey Wales, the video was created using Stable Diffusion with LoRA (Low-Rank Adaptation) for image generation, and a separate AI model to replicate Pelkey’s voice. She described the process as an effort to help the court better understand how her brother's death had affected the family.

Horcasitas was found guilty in March 2025, and sentenced this month. The court proceedings mark the first known instance of a U.S. court accepting an AI-generated avatar to represent a deceased victim during sentencing.

You can take a look at the complete video below: