Chris Pelkey, who was tragically killed in a road rage incident in Arizona three years ago, recently "returned" to court to confront his killer through the use of artificial intelligence.

During the sentencing of Gabriel Horcasitas, the man convicted of shooting Pelkey at a red light, Pelkey’s family utilized AI to present a posthumous victim impact statement. The technology recreated Pelkey’s voice and likeness using past voice recordings, photos, and videos. His sister, Stacey Wales, crafted the words for the AI-generated video, reflecting what she believed her forgiving brother would have expressed.

“To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances,” the AI-rendered Pelkey said in the courtroom. “In another life, we probably could have been friends. I believe in forgiveness, and a God who forgives. I always have and I still do.”

The video, presented during the sentencing, featured the AI version of Pelkey wearing a grey baseball cap. Judge Todd Lang, who presided over the case, responded positively to the use of AI in court. He sentenced Horcasitas to 10 and a half years in prison on manslaughter charges.

“I loved that AI, thank you for that,” Judge Lang said. “As angry as you are, as justifiably angry as the family is, I heard the forgiveness. I feel that that was genuine.”

Paul Grimm, a retired federal judge and professor at Duke Law School, expressed that he wasn’t surprised by the use of AI in this case, noting that Arizona courts already utilize AI for other purposes, such as simplifying Supreme Court rulings for public understanding.

Since the AI video was shown during sentencing after a jury had already delivered its verdict, its use was deemed acceptable. However, some experts have raised concerns about how such technology might be used in future legal cases. Derek Leben, a business ethics professor at Carnegie Mellon University, cautioned about ensuring that AI-generated statements align with the true wishes of the deceased.

“If we have other people doing this moving forward, are we always going to get fidelity to what the person, the victim in this case, would’ve wanted?” Leben asked.

Nevertheless, Wales believes the use of AI honored her brother’s values.

“We approached this with ethics and morals because this is a powerful tool,” she said. “Just like a hammer can be used to break a window or rip down a wall, it can also be used as a tool to build a house and that’s how we used this technology.”