“Empire” actor Jussie Smollett is under arrest and in the "custody of detectives" Thursday morning, Chicago police Chief Communications Officer Anthony Guglielmi said.

Smollett, who had felony criminal charges approved against him Wednesday, turned himself in to police, authorities said.

Smollett was charged just hours after he was "officially classified as a suspect in a criminal investigation" for allegedly "filing a false police report" in connection with his Jan. 29 attack claims, police said. The Cook County State's Attorney's Office approved the "Disorderly Conduct / Filing a False Police Report" charges.

Smollett's attorneys Todd Pugh and Victor Henderson told Fox News Wednesday, “Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked. Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense."

In a statement to Fox News on Wednesday, 20th Century Fox Television, which produces "Empire," and Fox Entertainment, said they had "no comment at this time."

Smollett, who is openly gay and black, reported that on Jan. 29, he was attacked by two masked men as he was walking home from a Subway restaurant. He claimed that the men shouted racial and anti-gay slurs at him, poured a substance on him, threw a rope around his neck and shouted, "This is MAGA country!"

JUSSIE SMOLLETT'S SIBLINGS DEFEND 'EMPIRE' ACTOR, BLAST MEDIA AS 'IRRESPONSIBLE'

Investigators combed through surveillance video from the area where Smollett claimed he was attacked but officials were unsuccessful in locating footage of the beating. They did find and release images of two people they said they wanted to question.

Two individuals who were questioned about the alleged crime were arrested, police told Fox News on Friday. Although police did not elaborate on what crime was potentially committed, they said the individuals were not charged. Authorities had considered them to be suspects, however, according to Guglielmi at the time.

The two men — whom police identified only as Nigerian brothers — were picked up at Chicago's O'Hare International Airport last Wednesday and taken into custody after returning from Nigeria after police learned that at least one of the men worked on "Empire," Guglielmi said. He did not know what the man's job was on the television drama, he said.

COOK COUNTY STATE'S ATTORNEY RECUSES HERSELF FROM JUSSIE SMOLLETT CASE

Guglielmi confirmed that a search warrant was executed at the Chicago apartment where the men lived but did not have any information about exactly what police found.

On Friday evening, Guglielmi tweeted that "due to new evidence" obtained through questioning, the individuals "were released without charging."

The following day, police said Smollett was no longer considered a victim in their investigation. Police earlier said that the "trajectory of the investigation" shifted and that they wanted to conduct another interview with Smollett about the alleged hate crime.

SMOLLETT'S LAWYERS DENY HE PLANNED ATTACK AFTER CHICAGO COPS CLAIM HE'S NO LONGER CONSIDERED A VICTIM IN CASE

The police department on Tuesday also rejected a tip they said they'd received about the case earlier that day.

"CPD has confirmed that a tip this morning about a sighting at the residential towers of individuals involved in this alleged incident is unfounded as it was not supported by video evidence obtained by detectives," Guglielmi tweeted.</s>(Reuters) - Actor Jussie Smollett was charged on Wednesday with filing a false police report when he said he was attacked by two masked men shouting racist and homophobic slurs, Chicago police said on Wednesday, with the actor now facing arrest.

Smollett, a 36-year-old black, openly gay actor on the hip-hop TV drama “Empire,” ignited a firestorm on social media by telling police on Jan. 29 that two apparent supporters of U.S. President Donald Trump beat him up on the streets of Chicago, put a noose around his neck and poured bleach over him.

“Felony criminal charges have been approved by @CookCountySAO against Jussie Smollett for Disorderly Conduct / Filing a False Police Report. Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest,” police spokesman Anthony Guglielmi said on Twitter.

Lawyers for Smollett, who has stuck by his story for three weeks as police failed to find surveillance video of an assault and suspicions of a hoax grew on social media, have not responded to requests for comment on Wednesday.

Smollett’s agent and public relations managers also did not return calls from Reuters.

Twentieth Century Fox Television, which produces “Empire,” declined comment when told earlier on Wednesday that Smollett had been formally named a suspect in the case.

Earlier in the day, the studio said: “Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show.”

Last week, Chicago police questioned two Nigerian brothers recognized from surveillance footage near the scene of the supposed attack, but released them two days later, without charge, in light of what investigators said was new evidence.

Local TV station CBS Chicago on Wednesday released a videotape it had obtained showing the two brothers buying a red hat and ski masks from a hardware store days before the alleged attack.

Smollett told police his assailants were white, that one wore a red hat, and that they shouted: “This is MAGA country” - an apparent reference to Trump’s campaign slogan “Make America Great Again” - as they struck him, the New York Times has reported.

Chicago police say the charge of filing a false police report carries a maximum sentence of up to three years in prison.

“Empire” has earned multiple Emmy nominations since its 2015 debut. Smollett plays the character Jamal Lyon, a member of the family that is the focus of the show.</s>INDIANAPOLIS, Ind. – "Empire" actor Jussie Smollett is facing a class 4 felony charge after police said he filed a false police report. Chicago police said Smollett faked a hate crime attack to promote his career.

Smollet originally told authorities his attackers hurled racist and anti-gay slurs at him and also tied a looped rope around his neck.

Police said his alleged attackers were paid $3,500 by the actor to commit the staged crime.

Chicago police said Smollett’s false report wasted a lot of their resources and time. It could lead to the actor serving jail time.

CBS4 spoke with an Indianapolis attorney about what the law states as it applies to filing a false police report.

Criminal attorney Joseph Delamater said Indiana and Illinois differ slightly as it relates to filing a false police report. He said if somebody of celebrity status were to commit this sort of crime in Indiana, the likelihood of jail time is low.

He said at its core filing a false police report is a pretty low level offense starting at a class b misdemeanor in Indiana; which is punishable from 0 to 180 days in jail.

He said there’s a small subsection of the obstruction of justice statutes that may allow for a prosecutor to charge it as a level 6 felony.

"Typically Indiana's obstruction of justice statutes are focused more on active investigations and active criminal prosecutions. Here, the alleged criminal act occurred before an investigation actually occurred, so that would be subject to a strong defense attorney’s attack," Attorney Joseph Delamater said.

Smollett hasn’t been tried, but Delamater said the actor will only be convicted if the evidence built against him is strong enough.

Smollett could face prison time of one to three years if convicted and be forced to pay for the cost of the police investigation.

A Chicago judge set Smollett’s bond at $100,000. He has since bonded out.</s>Actor Jussie Smollett has been charged with filing a false police report and disorderly conduct after he claimed he suffered a homophobic and racist assault in Chicago last month.

“Felony criminal charges have been approved by [Cook County State Attorney’s Office] against Jussie Smollett for Disorderly Conduct / Filing a False Police Report,” Chicago Police spokesperson Anthony Guglielmi tweeted on Thursday.

“Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest.”

Earlier in the day, Guglielmi tweeted that Smollett was “now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony)” and detectives were presenting evidence before a grand jury.

The openly gay actor, who stars in TV drama Empire, told police two masked men attacked him in Chicago in the early hours of January 29, yelling homophobic and racist slurs and striking him.

Smollett claimed the men doused him in a chemical, thought to be bleach, and wrapped a rope around his neck.

Chicago Police initially said they were investigating the incident as a “possible hate crime” but last week two Nigerian men who were initially deemed suspects – and known to Smollett – were released without charge.

Police said at that time “new evidence” had “shifted” the investigation, and police sources told multiple local media outlets last weekend that police now believed Smollett staged the attack with the two men’s help.

Chicago police say the charge of filing a false police report carries a maximum sentence of up to three years in prison, Reuters reported.

Earlier, Smollett strenously denied the claims he staged the attack in an interview on US television and his lawyers said in a later statement the actor was “angered and devastated” and had been “further victimised” by the allegations.

“He has now been further victimised by claims attributed to these alleged perpetrators that Jussie played a role in his own attack,” the statement read.

“Nothing is further from the truth and anyone claiming otherwise is lying.”

Smollett has played gay character Jamal Lyon on the FOX music industry drama Empire for five seasons, and the actor came out as gay on Ellen DeGeneres’ talk show in 2015.</s>— Empire actor Jussie Smollett is now officially classified as a suspect in a criminal investigation for filing a false police report, according to Chicago police.

Detectives were presenting evidence before a Cook County Grand Jury Wednesday evening, police say.</s>The twisty-turny and deeply-upsetting-either-way-it-turns-out case of Jussie Smollett has yet to be formally resolved, with key questions still up in the air. But Chicago PD aren’t taking chances. As per Variety, they’ve named the Empire actor and singer — whose claims that he was the victim of a hate crime have in the last week been called into question — as a suspect in another potential crime: filing a false police report.

The alleged incident happened over three weeks ago, and all the while Smollett has stuck by his word, alleging that he was assaulted by two men who shouted homophobic and racist epithets, doused him in bleach, and put a noose around his neck. Last week Chicago PD rounded up and interrogated two suspects. The men, Nigerian brothers, were then released, with police saying they came to believe Smollett had paid them to stage the attack.

If that turns out to be true — and, remember, nothing has been proven so far — then that has disturbing implications about how police and especially society (read: social media) respond to future allegations of assault, particularly if they involve claims of bigotry.

It also means Smollett would have committed a Class 4 felony, as per Chicago PD spokesperson Anthony Guglielmi, who tweeted the news that the performer is “now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report,” and that “Detectives are currently presenting evidence before a Cook County Grand Jury.”

In the meantime, Fox has said they’re sticking by Smollett, despite earlier claims that his Empire scenes were being cut. Others, like The Daily Show host Trevor Noah, are understandably confused.</s>Empire actor Jussie Smollett has been charged with filing a false police report after alleging he had been the victim of a racist and homophobic attack, authorities have said.

Police in Chicago had earlier said the 36-year-old actor was being considered as a suspect in the case and have now confirmed charges have been brought against him.

He has been charged by Cook County State’s Attorney’s Office with disorderly conduct and filing a false police report.

Police spokesman Anthony Guglielmi said detectives are now looking to arrest Smollett.

Lawyers acting on behalf of Smollett have said they will mount an “aggressive defence” to the charges.

Lawyers Todd Pugh and Victor Henderson said in a statement: “Like any other citizen, Mr Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked.

“Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defence.”

The charges emerged on the same day that detectives and two brothers who were earlier deemed suspects testified before a grand jury.

The announcement that charges had been made followed weeks of speculation around the investigation and lengthy interviews of the brothers by authorities, a search of their home and their release after police cleared them.

Investigators have not said what the brothers told detectives or what evidence detectives collected.

On Friday, it became clear the focus of the investigation had shifted when police announced a “significant shift in the trajectory” of the probe after the brothers were freed.

If found guilty of the Class 4 felony, Smollett faces a prison sentence of between one to three years, but could also receive probation.

Smollett had alleged he had been attacked by two masked men in downtown Chicago on January 29th, telling police his attackers had shouted racist and homophobic abuse and tied a noose around his neck.

Smollett, who is black and came out as gay in 2015, made a tearful appearance on Good Morning America this month and said he had been “forever changed” by the alleged attack.

He said: “I will never be the man who this didn’t happen to.

“I am forever changed and I don’t subscribe to the idea that everything happens for a reason, but I do subscribe to the idea that we have the right and responsibility to make something meaningful out of the things that happen to us, good and bad.”

Asked what message he wanted to send by speaking about the attack, he replied: “I want young people, young members of the LGTBQ community, young black children, to know how strong they are, to know the power they hold in their little pinky.”

Smollett has starred in musical drama Empire since 2015. He plays Jamal, the gay son of a music mogul, played by Terrence Howard.

Fox, the network which airs Empire, said it had no comment to add. – PA</s>More than three weeks after he alleged that he was the victim of a hate crime, actor Jussie Smollett has been arrested on suspicion of filing a false report about it, Chicago police said Thursday morning.

The “Empire” star was taken into custody around 5 a.m. CT, police said, ahead of a 1:30 p.m. bail hearing.

Smollett faces a felony charge of disorderly conduct for allegedly filing a false report claiming he was attacked by two men, including one who was masked, in the early morning of January 29 in Chicago. He alleged they yelled racist and homophobic slurs, tied a rope around his neck and poured an unknown substance on him.

At the time, police said they were treating the attack against the black and gay actor as a hate crime.

But in the weeks since the alleged attack first made headlines, the narrative has unraveled with several twists, transforming him from a victim to a suspect.

Chicago Police Department spokesman Anthony Guglielmi tweeted Wednesday that the Cook County State’s Attorney’s Office had approved a felony criminal charge of disorderly conduct against Smollett.

Under Illinois law, filing a false police report is disorderly conduct and punishable by one to three years.

The actor has denied playing a role in his attack, according to his attorneys.

“Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked,” his attorneys said in a statement.

“Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense.”

For weeks, Smollett has stood by his initial claims that he was attacked.

He received an outpouring of support from celebrities and politicians immediately after he reported the alleged attack. But the backlash and doubters grew louder, with social media users questioning his claims of the attack especially after police said they could not find video of the incident from surveillance cameras in the area.

Police now believe Smollett paid two brothers to orchestrate an assault on him, two law enforcement sources with knowledge of the investigation told CNN this week.

By Wednesday, Chicago police said they were looking into the incident as a possible hoax. The announcement came the same day the Cook County grand jury met to review evidence of the incident.

As new details emerged in the case, police have said they want to conduct a follow-up interview with the actor following “some developments.”

While they did not provide specifics on the developments, surveillance video from January 28 obtained from a Chicago-area beauty supply store appears to show the men connected to the incident purchasing a ski mask, sunglasses, a red hat and other items the day before the alleged assault.

They paid for the items in cash, according to the owner, who did not want to be identified.

The two men questioned by police — identified as brothers Olabinjo Osundairo and Abimbola Osundairo — were initially arrested February 13 but released without charges after police cited the discovery of “new evidence.” They’ve met with police and prosecutors at a Chicago courthouse, police spokesman Tom Ahern said.

The two are no longer suspects at this time, Chicago police have said. The brothers’ attorney, Gloria Schmidt, told reporters Wednesday that her clients had not accepted a plea deal or immunity. Police sources said the brothers are cooperating with law enforcement.

“You don’t need immunity when you have the truth, ” she said.

In a joint statement issued to CNN affiliate WBBM, the men said: “We are not racist. We are not homophobic, and we are not anti-Trump. We were born and raised in Chicago and are American citizens.”

One of the men has appeared on “Empire,” Guglielmi said. A police source also told CNN the men had a previous affiliation with Smollett but did not provide additional details.

Smollett is angered by allegations, lawyers say

Smollett has played a gay character on the Fox TV drama “Empire.” The actor told detectives two men attacked him near the lower entrance of a Loews hotel in Chicago, according to police spokesman Guglielmi. Police were told the two men yelled, ” ‘Empire’ fa***t” and “‘Empire’ n***er,’ ” while striking him.

In a supplemental interview with authorities, Smollett confirmed media reports that one of the attackers also shouted, “This is MAGA country,” a reference to President Donald Trump’s “Make America Great Again” campaign slogan.

Todd S. Pugh and Victor P. Henderson, issued a statement Saturday, describing their client as angry about allegations he orchestrated the attack.

“As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with,” the statement said.

“He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.”

Letter was sent to ‘Empire’ set days earlier

Before the police made their announcement Wednesday, 20th Century Fox Television, which produces the series “Empire,” expressed support for the actor.

“Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show,” the statement said.

A Fox spokesperson had no comment when reached by CNN on Wednesday.

Seven days before the alleged attack, a letter containing white powder was sent to the Chicago set of “Empire,” police have said. Authorities determined the powder to be aspirin, according to Guglielmi.

The image of the letter and envelope, shared with CNN by a person close to Smollett, includes a message apparently cut from magazine clippings, and a stick figure drawing.

Smollett told ABC News the drawing was of a “stick figure hanging from a tree which had a gun pointing towards it.” The letter, addressed to Smollett, includes the word “MAGA” on the outside of the envelope in place of the return address.

More than a decade ago, Smollett pleaded no contest to providing false information to law enforcement in a 2007 misdemeanor case, according to Frank Mateljan, a spokesman for the Los Angeles City Attorney’s Office.

The case stemmed from a DUI stop in which Smollett gave police the wrong name. He also pleaded no contest to driving with a blood alcohol level over the legal limit and driving without a valid driver’s license. He was sentenced to two years of probation and paid a fine</s>Felony charges have been confirmed filed by the Cook County State’s Attorney’s office after a day of Grand Jury hearings where evidence was presented by the Chicago police department.

“Smollett is considered a suspect for filing a false police report, a felony, and detectives are presenting the case to a grand jury,” said Chicago police spokesman Anthony Guglielmi hours earler.

Lawyers for the Empire actor were meeting Wednesday with prosecutors and police investigators.

The actor now faces a Class 4 felony and could see prison time between 1 to 3 three years if found guilty.

Just hours earlier footage was revealed showing Ola and Abel Osundairo, the two brothers arrested last week and released without charges amid reports they were paid by Empire actor Jussie Smollett to stage an alleged hate crime, purchasing a red hat and ski masks the day before the alleged attack took place.

And prior to that evidence surfaced saying Smollett was behind the creation of a threatening letter that was sent to the studio where Empire is shot, according to two sources who spoke with CBS Chicago.

The brothers are acquaintances of Smollett. One had worked as an extra on the Empire set, and the other was a personal trainer who had worked with the actor. They were reportedly paid $3500 to stage the attack.

The brothers told CBS Chicago: “We are not racist. We are not homophobic, and we are not anti-Trump. We were born and raised in Chicago and are American citizens.”

CBS Chicago reported: ‘During the search of the brothers’ home last week, a “piece of paper/writing” was also seized. CBS 2 is the only news source with video from inside that house. Police evidence logs exclusively obtained by CBS 2, show investigators took the writing sample, magazine, and a “wallet with stamps.” Chicago police say the FBI is handling the investigation surrounding the letter, because that’s a federal-level concern.

Read our coverage of the Smollett case here.</s>CHICAGO — Police in Chicago have announced “Empire” star Jussie Smollett is now officially classified as a suspect in a criminal investigation

Police police said he was under investigation for for filing a false police report, which is a Class 4 felony. They said detectives are currently presenting evidence before a Cook County Grand Jury.
American actor Jussie Smollett is arrested for filing a false police report about an alleged hate crime.