In a pioneering move in U. S. courts, the family of Chris Pelkey, a man killed in a 2021 Arizona road rage incident, used artificial intelligence (AI) to create a video of him delivering a victim impact statement at his killer’s sentencing hearing. Pelkey was shot by Gabriel Paul Horcasitas on November 13, 2021, while both were stopped at a red light; the shooting occurred after Pelkey exited his truck and approached Horcasitas' car. The AI-generated Pelkey expressed to Horcasitas that it was unfortunate they met under such circumstances and suggested they could have been friends in another life. The avatar spoke of forgiveness, faith in God, and urged people to cherish each day and love one another, recognizing the uncertainty of life’s length. This use of AI to voice victim impact statements, while AI involvement in courts has generally been limited to administrative or research tasks, represents a novel and legally accepted method in Arizona for conveying information beyond evidentiary proceedings. Maricopa County Superior Court Judge Todd Lang, overseeing the case, praised the AI presentation, noting it reflected Pelkey’s family’s emotions—they had conveyed anger over his death and requested the harshest sentence. Nearly 50 letters from family and friends echoed the avatar’s sentiments. Horcasitas, 54, was convicted of manslaughter and received a 10. 5-year prison sentence.

His attorney, Jason Lamm, filed a notice of appeal shortly after, anticipating the appellate court will examine whether the judge improperly relied on the AI video during sentencing. Pelkey’s sister, Stacey Wales, initiated the idea of her brother “speaking” through AI. Struggling to articulate words for the hearing over the case’s lengthy process, she found clarity in expressing what Chris might have said, emphasizing forgiveness. Wales stressed their ethical approach to using AI as a powerful but constructive tool rather than a harmful one. Chris Pelkey, originally from Poughkeepsie, New York, later lived in Arizona. A veteran of three tours in Iraq and Afghanistan, he was deeply involved in his local church and participated in mission trips. Arizona law permits victim impact statements in any digital format, explained victims' rights attorney Jessica Gattuso, who represented the family. Arizona’s Supreme Court Chief Justice Ann Timmer noted the growing accessibility of AI prompted the state’s formation of a committee to develop court best practices regarding AI use. However, experts caution about AI’s potential risks; law professor Gary Marchant highlighted concerns that AI-generated “deepfake” evidence could be increasingly introduced in courtrooms, potentially misleading judges and juries prone to trust visual information. This case marks a significant step in integrating AI technology within the judicial system while underscoring the need for careful oversight.