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May 7, 2025

Family of man killed during a road-rage incident uses AI to enable deceased to give victim statement at sentencing hearing

This local story out of Arizona seems like just one glimpse into the brave new digital world that all lawyers and legal institutions need to be thinking about.  The article is headlined "Family uses AI to create video for deadly Chandler road rage victim's own impact statement," and here are excerpts:

Christopher Pelkey was killed in a road rage incident in Chandler in 2021, but last month, artificial intelligence brought him back to life during his killer’s sentencing hearing. It was the first time in Arizona judicial history — and possibly nationwide — that AI has been used to create a deceased victim’s own impact statement.

Pelkey’s sister and brother-in-law used the technology to recreate his image and voice likeness to “talk” to the courtroom about his life and the day he met Gabriel Paul Horcasitas, who shot him during a confrontation near Gilbert and Germann roads. “In another life, we probably could have been friends,” the AI creation of the 37-year-old Army veteran said, addressing Horcasitas. “I believe in forgiveness…”

The AI video also included real video clips from videos taken while he was alive, along with some of his personality and humor, while showing a real photo he once took with an "old age" filter. "This is the best I can ever give you of what I would have looked like if I got the chance to grow old," the AI version of Pelkey said. "Remember, getting old is a gift that not everybody has, so embrace it and stop worrying about those wrinkles."...

The state asked for a 9.5-year sentence, and the judge ended up giving Horcasitas 10.5 years for manslaughter, after being so moved by the powerful video, family says.  The judge even referred to the video in his closing sentencing statements.

The local story also has a link to a three-minute video segment about the proceedings (along with a clip of the AI victim statement) that is well worth watching.

Interesting times.

May 7, 2025 at 01:14 PM | Permalink

Comments

Okay, got to say, that sounds creepy as hell.

Posted by: Soronel Haetir | May 7, 2025 1:42:27 PM

Obviously, I won't comment on a victim's family's choice, but I don't think this is ok. Is this demonstrative evidence?

Doug?

Posted by: federalist | May 7, 2025 4:30:05 PM

Hearsay is admissible at sentencing, so I think photos of the victim and video clips of him when he was alive would be admissible. But the generative AI portion, making him speak words he never said, is really problematic. It reminds me of the rule that you can't ask jurors to put themselves in the victim's shoes because it is so inherently prejudicial.

Posted by: defendergirl | May 8, 2025 9:58:49 AM

defendergirl, there's also the caselaw regarding the "incriminating finger pointing from the grave."

Posted by: federalist | May 8, 2025 3:50:34 PM

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