Jussie Smollett faces a possible prison sentence after police said Wednesday that the actor filed a false report about a racist and homophobic assault he claimed to have suffered in Chicago, local outlets confirmed.
Chicago Police have revealed that Jussie Smollett is "officially classified as a suspect in a criminal investigation. for filing a false police report".
According to a tweet from Chicago police spokesman Anthony Guglielmi, this is a Class 4 felony and detectives are now presenting evidence before a Cook County grand jury.
A police statement at the time read: "Two unknown offenders approached him and gained his attention by yelling out racial and homophobic slurs".
On Monday, representatives for the "Empire" star said that he had "no plans" to meet with Chicago police for further questioning.
The men, who were identified to multiple media outlets by their attorney as Abimbola "Abel" and Olabinjo "Ola" Osundairo, were held for almost 48 hours on suspicion of assaulting Smollett before being released Friday (local time). The two brothers were spotted Wednesday by reporters at the Cook County grand jury.
The two brothers told jurors they staged the "attack" and were paid for it.
Smollett's lawyers have said the actor was angered and "victimised" by reports that he may have played a role in staging the attack. "They did not get seated before a grand jury", the CPD said in a statement on February 19.
The 36-year-old actor, who is openly gay, described his assailants as white men wearing ski masks, who asked Smollett if he was "that f***ot Empire n*****?" before attacking him with a rope and bleach.
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They are bodybuilders who have developed an online following and have dabbled in acting and at least one failed business venture, according to social media posts and news reports.
The brothers told CBS Chicago: "We are not racist".
She also said her clients received money from Smollett, but she did not elaborate.
Mr Smollett told police officers last month he was a victim of an attack as he walked to his flat in Streeterville.
Meanwhile, many people have reacted to the case including Donald Trump Jr., President Trump's son, who noted that many people who initially issued statements on the attack quietly deleted them, including presidential contender Sen.
The actor also did not have a valid driver license and provided false information to law enforcement, according to WFLD-TV.
Several reports, citing unnamed sources, suggested police are investigating whether he helped set-up his own attack. He later pleaded no contest to a reduced charge and took an alcohol education and treatment program.
Foxx said the case would be handled to her first assistant, Joseph Magats, a 28-year veteran prosecutor.