In a US court case where an AI avatar of the shot victim gave a statement, the sentence for the perpetrator must be redetermined. The Arizona Court of Appeals labeled the AI video as unreliable and ruled that the judge wrongly considered it during sentencing.
The case concerns a traffic dispute from November 2021, in which 37-year-old Christopher Pelkey was shot dead at a traffic light in a Phoenix suburb. After an argument, he got out of his pickup truck and walked to another man's car. That man, Gabriel Horcasistas, then shot the unarmed Pelkey dead.
Horcasistas was convicted last year to 10.5 years in prison for manslaughter. The Arizona Court of Appeals now decides that the case must be retried. Horcasistas's guilt is not in question.
AI video in case
During the sentencing hearing in May last year, the defense showed a video of an AI-generated version of Pelkey. As far as is known, it was the first time such an AI avatar gave a victim statement in a US courtroom.
Pelkey's sister, Stacey Wales, came up with the idea. Family members and friends wrote dozens of letters to the court during the trial with information about the victim, but according to Wales, Pelkey's own voice was missing. She wrote a script and had her husband create an AI version of her brother, which was shown in court. This is allowed in Arizona.
The video in which the AI version of Pelkey speaks:
In the video, the AI version addressed the perpetrator. "It's a shame that we met each other under those circumstances on that day in 2021," said the avatar. "In another life, we probably would have been friends." The character said he was forgiving. "That is who I have always been and always will be." The AI version of Pelkey did not ask for a specific sentence.
The judge was impressed by what he saw. He said he found the AI video "great" and called the forgiveness fitting with the image he had of Pelkey.
No fair trial
Horcasistas's then-lawyer announced an appeal after sentencing, because he believed the judge relied too much on the video. His new lawyer also argued that this violated the right to a fair trial. Prosecutors and the victim's lawyers considered the video an "accurate representation" of Pelkey's character.
The Arizona court now rules that the video presented thoughts attributed to him by his sister as if they came from Pelkey himself. How heavily the video weighed in sentencing is unclear, but according to the court, the video made the sentencing procedure fundamentally unfair.
Bereaved disappointed
Pelkey's sister Wales says she is disappointed. "It feels unfair, because there is a convicted murderer in prison whose rights are protected on all sides. Where are the rights of the victim?"
A lawyer has warned the family that using AI again could lead to another appeal. Wales does not rule out using it again. "We will keep letting his voice be heard, in whatever way the court allows."
When the new sentencing hearing will take place is not yet known.