Last year, the family of a man killed in a road-rage shooting was allowed to play a video of him made with artificial intelligence at the sentencing hearing of his killer.
Now, the state Court of Appeals has ordered the defendant be given a new prison sentence.
Gabriel Horcasitas claims he was denied due process by a Superior Court judge relying on an AI video that recreated the appearance and voice of his victim.
Appellate judges write that allowing the video was a fundamental error that made the sentencing process unfair.
Their opinion says that the AI video did not reflect actual events, and it was created by the imaginings of the victim’s family.
The appellate judges concluded there is no question the video played some role in a 10-plus year sentence given Horcasitas.
Read the appeal
