this post was submitted on 08 May 2025
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An AI avatar made to look and sound like the likeness of a man who was killed in a road rage incident addressed the court and the man who killed him: “To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances,” the AI avatar of Christopher Pelkey said. “In another life we probably could have been friends. I believe in forgiveness and a God who forgives. I still do.”

It was the first time the AI avatar of a victim—in this case, a dead man—has ever addressed a court, and it raises many questions about the use of this type of technology in future court proceedings. 

The avatar was made by Pelkey’s sister, Stacey Wales. Wales tells 404 Media that her husband, Pelkey’s brother-in-law, recoiled when she told him about the idea. “He told me, ‘Stacey, you’re asking a lot.’”

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[–] [email protected] 67 points 7 hours ago (1 children)

it would have been about as respectful to use the corpse as a puppet and put up a show for the court with it.

[–] [email protected] 14 points 3 hours ago (1 children)

Trial at Bernies? OK WERE DOING TRIAL AT BERNIES! This is going to be legend-wait for it....

[–] [email protected] 27 points 7 hours ago (1 children)

I found this interesting. The AI said it believes in forgiveness.

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

But the victim's sister, who created the AI did it to try to get the maximum sentence for the defendant.

The prosecution against Horcasitas was only seeking nine years for the killing. The maximum was 10 and a half years. Stacey had asked the judge for the full sentence during her own impact statement. The judge granted her request, something Stacey credits—in part—to the AI video.

[–] [email protected] 11 points 4 hours ago

Yeah, a way to play both sides of pushing for a harsh sentence whole you use a puppet to drive empathy...

Should have been a slam dunk without the video.

[–] [email protected] 116 points 17 hours ago (2 children)

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

I find this nauseatingly disgusting and a disgrace that this was shown in a court of all places.

No, this man does not believe in forgiveness or a God because he's dead. He never said this, somebody wrote this script and a computer just made a video off it with his likeness.

Fuck everything about this, this should be prohibited

[–] [email protected] -5 points 1 hour ago (1 children)

Fuck everything about this, this should be prohibited

Why? Who exactly is being harmed by this? The dead guy, certainly isn't. It's no different than a statement from a family member. The method of delivery does not make a difference to the material content. You're acting as if it's putting words in the mouth of someone who's died but everyone intellectually knows that the AI isn't contacting the dead.

You would have a hard time arguing that someone could be confused into believing that this was actually the opinion of the deceased.

[–] [email protected] 2 points 1 hour ago

You have a lot of faith in people's logic level. Most people read at 6th grade level. There is a person saying "I think this", do you really think everyone in there thought "I'm completely unaware of what the deceased thought"

[–] [email protected] 27 points 15 hours ago (1 children)
[–] [email protected] 5 points 2 hours ago

"Hi, I'm Manifish_Destiny speaking to you from beyond the grave. I'm happy to say that even though I had some skepticism of AI avatars and even put something about that in my will, I just didn't understand its potential to embody my true self. But now I do, so you can disregard all that. Come to think of it, you can disregard the rest of the will as well, I've got some radical new ideas..."

[–] [email protected] 103 points 19 hours ago (1 children)

This judge needs to be disbarred and have a forced mental evaluation.

[–] [email protected] 78 points 17 hours ago (2 children)

The fuckin’ dude’s wife wrote the speech the AI read… I don’t care how much you know someone, putting words in their mouths like that feels wrong. And the fucking judge added a year to the sentence citing the power of the video.

Fucking absurd.

[–] [email protected] 5 points 2 hours ago* (last edited 2 hours ago)

I thought it was his sister who wrote the speech the AI read, but yeah, this whole thing feels wrong and gross.

[–] [email protected] 17 points 6 hours ago

Yeah, this is super fucked up. I think that it would be powerful and completely reasonable to have the AI read actual words he wrote, like from old text messages, emails, or whatever. That is a legitimate way to bring someone to life—completely ethical if they wrote the material. This is a disgrace to justice and ridiculous.

[–] [email protected] 29 points 16 hours ago

This is some perverse shit

[–] [email protected] 540 points 1 day ago (13 children)

This isn't a message from the victim. This is a message from his sister using his image as a way to increase the impact of her statement in court.

This is a bad thing, this is manipulating the court with a false and confusing message.

[–] [email protected] 105 points 1 day ago (2 children)

There were videos shown during the trial that Stacey said were deeply difficult to sit through. “Videos of Chris literally being blown away with a bullet through his chest, going in the street, falling backward. We saw these items over and over and over,” she said. “And we were instructed: don’t you gasp and don’t you cry and do not make a scene, because that can cause a mistrial.”

“Our goal was to make the judge cry. Our goal was to bring Chris to life and to humanize him,” she said.

If gasping at video of real events is grounds for a mistrial, then so is fabricated statements intended to emotionally manipulate the court. It's ludicrous that this was allowed and honestly is grounds to disbar the judge. If he allows AI nonsense like this, then his courtroom can not be relied upon for fair trials.

[–] [email protected] 15 points 18 hours ago

The victim impact statement isn’t evidence in the trial. The trial has already wrapped up. The impact statement is part of sentencing, when the court is deciding what an acceptable punishment would be. The guilty verdict has already been made, so the rules surrounding things like acceptable evidence are much more lenient.

The reason she wasn’t allowed to make a scene during the trial is because the defense can argue that her outburst is tainting the jury. It’s something the jury is being forced to witness, which hasn’t gone through the proper evidence admission process. So if she makes a scene, the defense can say that the defendant isn’t being given a fair trial because inadmissible evidence was shown to the jury, and move for a mistrial.

It sounds harsh, but the prosecutor told her to be stoic because they wanted the best chance of nailing the guy. If she threw their case out the window by loudly crying in the back of the courtroom, that wouldn’t be justice.

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[–] [email protected] 134 points 1 day ago (1 children)

The worse is everybody knows, including the judge, but they still chose to accept it.

[–] [email protected] 73 points 23 hours ago (3 children)

Reading a bit more, during the sentencing phase in that state people making victim impact statements can choose their format for expression, and it's entirely allowed to make statements about what other people would say. So the judge didn't actually have grounds to deny it.
No jury during that phase, so it's just the judge listening to free form requests in both directions.

It's gross, but the rules very much allow the sister to make a statement about what she believes her brother would have wanted to say, in whatever format she wanted.

[–] [email protected] 36 points 23 hours ago (2 children)

Hot take: victim impact statements shouldn't be allowed. They are appeals to emotion.

[–] [email protected] 4 points 16 hours ago (5 children)

I'd argue that emotions are a legitimate factor to consider in sentencing.

It's a bit more obvious with living victims of non-homicide crimes, but the emotional impact of crime is itself a cost borne by society. A victim of a romance scam having trouble trusting again, a victim of a shooting having PTSD with episodes triggered by loud noises, a victim of sexual assault dealing with anxiety or depression after, etc.

It's a legitimate position to say that punishment shouldn't be a goal of criminal sentencing (focusing instead of deterrence and rehabilitation), or that punishment should be some sort of goal based entirely on the criminal's state of mind and not the factors out of their own control, but I'd disagree. The emotional aftermath of a crime is part of the crime, and although there's some unpredictable variance involved, we already tolerate that in other contexts, like punishing a successful murder more than an attempted murder.

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[–] [email protected] 7 points 21 hours ago (1 children)

I feel like I could be persuaded either way, but I lean towards allowing them during sentencing.
I don't think "it's an appeal to emotion" is a compelling argument in that context because it's no longer about establishing truth like the trial is, but about determining punishment and restitution.

Justice isn't just about the offender or society, it's also indelibly tied to the victim. Giving them a voice for how they, as the wronged party, would see justice served seems important for it's role in providing justice, not just the rote application of law.

Obviously you can't just have the victim decide, but the judges entire job is to ensure fairness, often in the face of strong feelings and contentious circumstances.

Legitimately interested to hear why your opinion is what it is in more detail.

[–] [email protected] 7 points 20 hours ago

In terms of restitution, sure, the victim should have input. But in cases like imprisonment, I don't see why the victim should have input into the length of a sentence, for example. If the offender is a danger to the public, they should remain in prison until such time that they are not. Emotional appeals should not factor into that determination.

[–] [email protected] 10 points 23 hours ago

Thanks for the additional context.

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[–] [email protected] 43 points 1 day ago

Seems like a great way to provide the defendant with a great reason to appeal

[–] [email protected] 26 points 1 day ago (1 children)

I’d really like to hope that this is a one off boomer brained judge and the precedent set is this was as stupid an idea as it gets, but every time I think shot can’t get dumber…

[–] [email protected] 12 points 23 hours ago (1 children)

boomer brained judge

Boomer here. Don't assume we all think the same. Determining behavior from age brackets is about as effective as doing it based on Chinese astrology (but I'm a Monkey so I would say that, wouldn't I?)

The judge's problem is being a nitwit, not what year they were born in.

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[–] [email protected] 18 points 1 day ago

Yeah a fiction has no place in a courtroom. If we can upload maybe we can revisit but this is just stupid.

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[–] [email protected] 35 points 18 hours ago

This is basically "Weekend at Bernie's", using the likeness of a dead man as a puppet.

[–] [email protected] 43 points 20 hours ago (2 children)

"gampa, did it hurt when you died?"

Hey there, buddy. That’s a big question! When people get very old or very sick, their bodies sometimes get tired, like a toy that slowly stops working. Normal people might go and buy a new toy from Amazon with all their great prices and exceptional customer service but your old gramps couldn't do that. When it’s time to go, it’s usually peaceful—like falling asleep after a long, fun day on a nice comfortable Saatva bed. I don’t think it hurts, because our bodies know how to let go gently. What’s important is all the love and happy memories we share. You can even go back and look at all our wonderful memories from the good people at Instagram. And even when I’m not here anymore, that love stays with you forever. Would you like to send some of those memories to your local Walgreen's to print?

[–] [email protected] 4 points 8 hours ago

Ha, genius. So true as well, this is the inevitable result of personalised ads. A video of your dead Grandmother popping up saying: "I sure did love big brand hazelnut chocolate. Celebrate my birthday tomorrow and buy a bar for you and the whole family."

[–] [email protected] 17 points 17 hours ago (1 children)

Omg I hate this so much fuck you

[–] [email protected] 11 points 17 hours ago (1 children)
[–] [email protected] 7 points 17 hours ago

Please stop talking, please

[–] [email protected] 27 points 19 hours ago

nope. nope nope nope! Fuck this. I wanna go back to 2002 with Cortana whispering in my ear about fleet chatter and being optimistic.

That's not the world that unfurled though, and LLM's are not AI.

This marketing hype regurgitation machine "learning" can all go eat shit. All of it. Soooo done with the simps saying "oh but this application of the tech totally justifies burning down forests and guzzling water and power and totally wasnt trained on stolen, socially prejudice datasets"

Fuck that noise and while we're at it I'm entirely turned off by AAA media trends and current gen hardware too. Don't @ me, fuck a smartphone I've got a DS.

[–] [email protected] 21 points 21 hours ago

I like AI, sort of. But this is ghoulish.

[–] [email protected] 50 points 1 day ago (3 children)

Wtaf... regardless of how well he was known by his family, this is the glorified version of a video resumé created by someone else, not the actual person – so it should be accepted as that: someone else's testimony.

It's not even a Reynolds' beta-level simulation.

Why the judge accepted is beyond me.

[–] [email protected] 28 points 1 day ago (2 children)

Preface: This does not belong in a courtroom. These were not his words. These were words that someone else wrote, and then put into the mouth of a very realistic puppet of him.

This was a victim impact statement, which I think comes after sentencing. In that case, it wouldn't have had an impact on sentencing, but I still feel quite strongly that this kind of misrepresentation has no place in a court.

[–] [email protected] 17 points 1 day ago* (last edited 1 day ago) (4 children)

This was shown before the sentencing. The judge referenced it explicitly in their sentencing as a reason to apply leniency.

From a comment above:

Here's what the judge had to say:

“I loved that AI, and thank you for that. As angry as you are, and as justifiably angry as the family is, I heard the forgiveness, and I know Mr. Horcasitas could appreciate it, but so did I,” Lang said immediately before sentencing Horcasitas. “I love the beauty in what Christopher, and I call him Christopher—I always call people by their last names, it’s a formality of the court—but I feel like calling him Christopher as we’ve gotten to know him today. I feel that that was genuine, because obviously the forgiveness of Mr. Horcasitas reflects the character I heard about today. But it also says something about the family, because you told me how angry you were, and you demanded the maximum sentence. And even though that’s what you wanted, you allowed Chris to speak from his heart as you saw it. I didn’t hear him asking for the maximum sentence.”

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[–] [email protected] 24 points 1 day ago (4 children)

AI should absolutely never be allowed in court. Defense is probably stoked about this because it's obviously a mistrial. Judge should be reprimanded for allowing that shit

[–] [email protected] 19 points 1 day ago (1 children)

It was after the verdict of the trial. This was displayed during the sentencing hearing where family members get to state how the death affected them. It's still fucked up, but to be clear it wasn't used during the trial.

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[–] [email protected] 23 points 1 day ago (1 children)

Only in usa. What an embarrassing circus.

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[–] [email protected] 17 points 1 day ago* (last edited 23 hours ago) (1 children)

If anyone ever did this with my likeness after death, even with good intentions, i would haunt the fuck out of them.

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