Stacey Wales, sister of Christopher Pelkey, who was killed in a 2021 road rage incident, used artificial intelligence to present her brother in court. After two years preparing her own victim impact statement, Wales felt it would not fully capture her brother’s humanity or what he would have wanted to say to his killer.
AI Recreates Victim’s Voice
Wales and her husband created an AI-generated video version of Pelkey. The video was played during his killer’s sentencing hearing earlier this month. It recreated Pelkey’s own voice to read a script written by Wales. The AI version expressed forgiveness to the shooter, Gabriel Paul Horcasitas, which Wales knew her brother would have done. Stacey Wales told CNN, “The only thing that kept entering my head that I kept hearing was Chris and what he would say,” adding, “I had to very carefully detach myself in order to write this on behalf of Chris because what he was saying is not necessarily what I believe, but I know it’s what he would think.”
First of Its Kind
This is believed to be the first time AI was used to recreate a deceased victim for their own impact statement in court. Experts say the world will increasingly grapple with ethical and practical questions about using AI to replicate deceased people as the technology becomes more human-like.
Sentencing and Judge’s Reaction
Judge Todd Lang of Maricopa County Superior Court sentenced Horcasitas to 10.5 years for manslaughter, higher than the 9.5 years the state asked. The total sentence was 12.5 years, including an endangerment charge. Judge Lang reacted to the AI video, quoted as saying, “I love that AI. Thank you for that,” and “As angry as you are and justifiably angry as the family is, I heard the forgiveness.”
About Christopher Pelkey
Christopher Pelkey was the youngest of three children and a veteran. His sister described him as “the most forgiving and the friendliest” member of the family. He was killed in November 2021 in Chandler, Arizona, at age 37. His story was previously reported by ABC15 Arizona.
Creating the AI Replica
Wales and her husband, Tim Wales, work in tech and had prior experience creating AI video replicas. They decided weeks before the sentencing hearing to replicate Pelkey. They used software trained on photos and an old video to create the AI replica shown in the May 1 hearing.
Legal Approval and Concerns
On April 30, Wales called her lawyer, Jessica Gattuso, for a blessing. Gattuso reportedly expressed initial concerns, quoted as stating, “I was concerned; I thought we would get an objection or some kind of pushback … I did what research I could, but I didn’t find anything because I’ve never heard of this being done.” Gattuso relied on an Arizona law giving victims discretion in their statement delivery.
AI Replica Appearance and Message
The AI replica was reportedly somewhat halting and awkward, starting with an acknowledgment it was AI. Stacey Wales believed it captured his essence. The AI voice stated to the killer, “It is a shame we encountered each other that day in those circumstances. In another life, we probably could have been friends.”
Defense Reaction and Appeal
Horcasitas’s lawyer, Jason Lamm, said the defense did not receive advance notice. Lamm was quoted as stating, “It appears that the judge gave some weight to the AI video, and that is an issue that will likely be pursued on appeal.”
AI’s Evolving Role in Law
AI’s role in courtrooms is debated. Paul Grimm, a former judge, stated, “It’s not going away, and we’re going to see more instances of this.” He noted judges are nervous, saying, “Judges tend to be a little nervous about this technology, and so we’ll probably see initially more nos than yesses.” Grimm suggested opposing counsel view AI content and raise objections before court. Wales cautioned tech should be used carefully, emphasizing the video was not evidence for the jury but opinion for the judge.
Family’s Healing Process
Stacey Wales said replicating her brother was “healing.” After the video played, her 14-year-old son told her, “Thank you so much for making that. I needed to see and hear from Uncle Chris one more time.” CNN’s Hazel Tang reportedly contributed to this report.
