Two employees at Rubin’s Deli & Restaurant in Elyria, Ohio, allegedly used an AI-generated image created with ChatGPT to fabricate a robbery report that prompted a major police response on Dec. 15 at about 9:15 a.m. Officers found no crime in progress. Todd Durst, 45, was arrested and charged with swatting, obstructing official business and inducing panic; warrants have been issued for Luis Acevedo Jr., 40, who remains at large. The Elyria Police Department warned that AI-driven hoaxes divert resources, risk lives and will be prosecuted.
AI-Generated Image Sparks Fake Robbery Call — Two Rubin’s Deli Employees Face Charges
Cheng Xin/Getty; Gettyn this photo illustration, a person holds a smartphone displaying the ChatGPT logo on its screen in front of a blurred OpenAI logo on August 9, 2025 in Chongqing, China.; A locked off shot of a police car in a Californian suburb on a mostly clear day in Spring.
Two employees at Rubin’s Deli & Restaurant in Elyria, Ohio, have been charged after police say they fabricated an armed-robbery report using an AI-generated image created with ChatGPT, prompting a large emergency response.
The Elyria Police Department (EPD) says officers were dispatched at about 9:15 a.m. on Monday, Dec. 15, after the restaurant owner called to report an active robbery involving multiple masked suspects. Because of the reported severity and potential threat to the public, EPD sent all available patrol units and detectives to the scene.
Didem Mente/Anadolu Agency via GettyChatGPT logo is being displayed on a mobile phone screen in front of computer screen on September 5, 2023 in Ankara, Turkiye.
When officers arrived within minutes, they found no signs of a robbery in progress. Customers remained seated and the business appeared normal. A preliminary investigation determined the report was a deliberate hoax created by two employees as a prank.
How the Hoax Unfolded
According to a patrol narrative reviewed by PEOPLE and a police statement, investigators say Todd Durst, 45, admitted to creating an AI-generated image using ChatGPT and sending it to co-worker Luis Acevedo Jr., 40. Acevedo then forwarded the image to the business owner, who believed the photo showed masked suspects inside the deli and called police.
GettyEmergency lights on a us police car
Police described the image as resembling a multi-camera security feed that depicted masked individuals wearing blue gloves. That image was later uploaded into the department’s evidence management system.
Charges And Current Status
Durst remained at the scene and was taken into custody without incident. He has been charged with swatting (a fourth-degree felony), obstructing official business (a fourth-degree felony) and inducing panic (a first-degree misdemeanor). He was booked into the Lorain County Jail pending an initial court appearance.
Acevedo left the restaurant before officers arrived and has not yet been apprehended. Warrants have been issued for his arrest on the same charges. Police reported finding Acevedo’s vehicle at the scene and believe he fled while officers were interviewing other employees; searches are ongoing.
Police Warning And Broader Context
The EPD warned that "AI-generated hoaxes and social media prank trends involving fabricated emergencies are not harmless fun; they are criminal acts and have real-world consequences." The department said false reports divert critical resources from real emergencies, can endanger lives and undermine public safety, and pledged to investigate and prosecute those responsible to the fullest extent of the law.
This incident highlights a growing trend of AI-assisted hoaxes and the challenges law enforcement faces when digital content is used to fabricate emergencies.
