Singer and actor Jussie Smollett has been formally charged with disorderly conduct for allegedly filing a false police report about being the victim of an assault.
Chicago Police were expecting the Empire star to surrender Wednesday night. A bail hearing has been set for Thursday afternoon.
Disorderly conduct is a felony.
Smollett, 36, had told police he was attacked in the early morning hours of Jan. 29 after leaving a Subway restaurant. He claimed he was punched by two white males who shouted racial and anti-gay slurs.
Although set in New York City, Empire is shot in Chicago. Smollett, who is openly gay, plays Jamal Lyon on the show. Last March, he released the album Sum of My Music.
Here’s a timeline of the case:
January 29
Smollett tells Chicago police that two white men attacked him near the Loews hotel as he was walking home from a Subway restaurant at around 2 a.m. He claims his assailants shouted racial and anti-gay slurs as well as “This is MAGA country” (implying they were Trump supporters) and punched him and poured bleach on him. Smollett claims the men also put a rope around his neck.
The actor went back to his apartment following the alleged incident but later checks into Northwestern Hospital to be treated for scrapes and cuts.
Chicago Police say in a statement: “Given the severity of the allegations, we are taking this investigation very seriously and treating it as a possible hate crime.”
Reaction to the news is swift, with celebrities, politicians and LGBT organizations among those speaking out. Lee Daniels, creator of Empire, shares a video message on Instagram. “No racist f**k can come in and do the things that they did to you,” he says. “Hold your head up, Jussie. I’m with you.”
January 30
Chicago Police say investigators reviewed video footage from the area but were unable to find the alleged attack. A grainy image of two men considered “persons of interest” is released to the media.
Fox Studios, which makes Empire, confirms that Smollett received a piece of hate mail on Jan. 22.
January 31
Smollett’s family issues a statement in which they express support for the actor’s version of events. “Jussie has told the police everything from the very beginning. His story has never changed, and we are hopeful they will find these men and bring them to justice,” it reads. “Jussie is a warrior whose light cannot be dimmed.”
February 1
Smollett makes his first public comments about the alleged attack. “My body is strong but my soul is stronger,” he says, in a statement. “I am working with authorities and have been 100% factual and consistent on every level. Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served.”
February 2
At a previously scheduled appearance at the Troubadour in West Hollywood, Smollett tells fans that he fought back against his alleged attackers. "I can't let (them) win," he says.
February 11
Smollett finally provides investigators with his phone records in hopes of supporting his claim that he was on a call with his manager when the assault happened. Police, though, say the records are too redacted to be used in their investigation. Smollett explains he wanted to protect the privacy of people “not relevant to the attack.”
February 13
Chicago Police arrest brothers Olabinjo Osundairo and Abimbola Osundairo at O’Hare International Airport as they returned from Nigeria. Their home is also searched. Smollett’s lawyers confirm that one of the men, who are black, is the actor’s personal trainer.
February 14
Smollett appears on Good Morning America, where he expresses anger at people who are doubting his story. “It’s not necessarily that you don’t believe that this is the truth,” he says. “You don’t even want to see the truth.” Smollett again insists his assailants used a racial slur.
Media reports suggest that the two men questioned by police helped Smollett plan a fake attack after he found out his character was being written off Empire. Chicago Police called the reports “inaccurate” and Fox Studios insist Smollett is “integral” to the series.
February 15
The Osundairo brothers are released without charges and Chicago Police say its “detectives have additional investigative work to complete.”
February 16
Police confirm new evidence has changed the “trajectory” of the investigation and they want to question Smollett again. The actor retains defence lawyers Todd S. Pugh and Victor P. Henderson, who say he feels “further victimized” by claims that he staged the attack. “Nothing is further from the truth and anyone claiming otherwise is lying,” reads a statement.
February 17
As various media reports emerge suggesting Smollett orchestrated the attack, police say they are “not confirming, denying or commenting on anything” until they speak to Smollett again.
February 18
Smollett’s lawyers say in a statement that the actor does not plan to meet with police again and that they will “keep an active dialogue with Chicago police on his behalf.”
The Osundairo brothers issue a statement, too. “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.”
ABC News reports that the brothers told police they were paid to stage the attack on Smollett because the actor was angry that the threatening letter he received on Jan. 22 was taken more seriously.
February 20
The AP reports that, in 2007, Smollett was pulled over on suspicion of DUI and identified himself to police as his brother Jake Smollett. He was charged with false impersonation, driving under the influence, and driving without a valid license.
Fox, meanwhile, denied reports that the actor was being canned from Empire. "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," read a statement.
Chicago Police announced that Smollett is being formally charged with disorderly conduct, a felony, for allegedly filing a false police report.