Here's every update on the case since Smollett was attacked on Jan. 29.
The case of Jussie Smollett's alleged attack continues.
Friends, family, fans and famous faces rallied around the Empire star after news broke he was involved in an alleged racist and homophobic attack on Jan. 29, with the country now following the case as it's taken several twists and turns.
ET confirmed soon after the incident that Smollett had told police that he was approached by two men who yelled racial and homophobic slurs at him, and at one point wrapped a rope around his neck and poured an unknown chemical substance -- now believed to be bleach -- on him.
Since then, police have been hard at work trying to track down details of the case, as well as who may be responsible, with the case taking a huge turn when Smollett officially become labeled as a suspect in the case and then charged with felony disorderly conduct. Here's everything we know about Smollett's alleged attack.
JAN. 21, 2019:
Smollett Receives a Threatening Letter
Multiple sources told ET that Smollett received a threatening letter on the set of Empire more than a week before the alleged attack, which was obtained by ThatGrapeJuice.Net. The note, which was sent on Jan. 21, threatens Smollett and includes a homophobic slur. ET has learned that while Fox did amp up security on the show following the letter, Smollett turned down around the clock security recently because he felt it was intrusive.
JAN. 29, 2019:
The Alleged Attack Occurs
News broke of Smollett's alleged attack in the early hours of Jan. 29, just hours after it occurred.
According to the incident details of the assault, the victim was walking when two unknown offenders approached him and gained his attention by yelling out racial and homophobic slurs towards him. Police say the offenders allegedly began to attack the victim with their hands about the face and poured an unknown chemical substance onto him. The offenders then allegedly wrapped a rope around his neck before fleeing the scene. The Chicago Police Department told ET at the time that Smollett was self-transported to Northwestern Hospital.
ET Learns That Smollett Is "Emotionally Shook Up"
A source told ET that morning that Smollett was emotionally and physically shaken up over the incident. "Jussie tried to protect himself and at one point the men poured a substance on him believed to be bleach and one of the guys put a rope around his neck," the source said. "After some time the men fled the scene and Jussie went to the hospital."
"Jussie is mostly physically OK with some scrapes and bruises, but he’s more emotionally shook up," the source continued.
The Chicago Police Department Is Treating Incident as a "Possible Hate Crime"
Chicago Police Department spokesperson Anthony Guglielmi told ET in a statement that an investigation was currently underway, and they were "treating it as a possible hate crime."
"Overnight, the Chicago Police Department received a report of a possible racially-charged assault and battery involving a cast member of the television show Empire," the statement read. "Given the severity of the allegations, we are taking this investigation very seriously and treating it as a possible hate crime. Detectives are currently working to gather video, identify potential witnesses and establish an investigative timeline. The victim is fully cooperating with investigators and we ask anyone with information about this incident to contact Area Central Detectives at 312-747-8382 or report it anonymously to www.cpdtip.com."
Stars Speak Out on the Alleged Attack
John Legend, Ariana Grande, Reese Witherspoon, Demi Lovato, Ellen DeGeneres, Michael B. Jordan, Halle Berry, Zendaya and more were just some of the celebs to react to the news on social media.
In a statement to ET, 20th Century Fox Television and Fox Entertainment said they were "saddened and outraged" by the alleged attack.
“We are deeply saddened and outraged to learn that a member of our Empire family, Jussie Smollett, was viciously attacked last night," the statement read. "We send our love to Jussie, who is resilient and strong, and we will work with law enforcement to bring these perpetrators to justice. The entire studio, network and production stands united in the face of any despicable act of violence and hate -- and especially against one of our own."
Empire Creator Shares Message to Smollett
"It's taken me a minute to come to social media about this, because Jussie, you are my son. You didn't deserve, nor anybody deserves to have a noose put around your neck, to have bleach thrown on you, to be called 'die fa**ot n***er', or whatever they said to you," Lee Daniels implored in a video message he posted to Instagram on Jan. 29. "You are better than that. We are better than that. America is better than that. It starts at home... It starts at home, yo."
"We have to love each other regardless of what sexual orientation we are because it shows that we are united on a united front. And no racist f**k can come in and do the things that they did to you," Daniels added. "Hold your head up, Jussie. I'm with you, I'll be there in a minute, it's just another f**king day in America."
Empire Calls a Meeting
There was an emotional meeting held the morning of Jan. 29 to inform production of what happened to Smollett, when a producer addressed production, ET learned.
Fox also provided counselors for the cast and crew of the series to talk about the incident and to answer any questions. Smollett and the Empire cast will also have armed security going forward, ET learned.
"The counselors will be there for as long as the cast and crew needs," a source told ET. "Everyone processes trauma differently and the network understands that. The pace of filming will be based on how everyone feels, and the network and people involved want to do whatever they can to make the cast and crew feel safe and supported."
Empire Halts Production
Empire was temporarily shut down on that afternoon, though the halt was not related to the alleged attack on Smollett. Instead, the show is one of several programs filmed in Chicago -- including Proven Innocent -- that had stopped production due to extreme weather conditions. ET learned that the show was planning to pick up production again on Thursday, pending the weather.
Smollett's Planned L.A. Concert Stays on the Books
As of the evening of Jan. 29, Smollett was still scheduled to perform live at the Troubadour in West Hollywood on Saturday. ET reached out to the venue, which confirmed that their calendar -- which included the performance -- was current and updated.
Paul Kacik of the concert booking company Sean Healy Presents told The Los Angeles Times that they were "going on with the show as far as we know, until we hear anything different."
JAN. 30, 2019:
Police Try to Track Down Video Footage of Incident
On the morning of Jan. 30, a Chicago Police Department spokesperson said the department was “utilizing resources to investigate [this case] thoroughly." According to authorities, detectives continue to look at city and privately owned surveillance footage that was recorded in the area where the alleged attack happened.
Meanwhile, an eyewitness told ET that Smollett visited a Subway fast food restaurant alone in the early hours of Jan. 29 before the alleged attack, ordered a sub and a salad, and left around 2:15 a.m.
An employee at the Subway restaurant not far from where Smollett was allegedly attacked previously told ET that Chicago Police came to the fast food restaurant the afternoon of Jan. 29 looking to review surveillance footage. The Subway location is about a four to five-minute walk from the Loews Hotel where Smollett was reportedly staying.
New Case Details Emerge
A spokesperson for the Chicago Police Department told ET that Smollett still had the rope around his neck when he made contact with officers at 2:42 a.m. on Jan. 29. The spokesperson said that Smollett told detectives in a follow-up interview late that afternoon that his two alleged attackers yelled, “MAGA country” to him during the alleged attack.
ET learned that Smollett's manager, Brandon Z. Moore, told police he was on the phone with Smollett during the alleged attack. ET also learned that Moore said he told police he clearly heard the MAGA comment in addition to both racial and homophobic slurs. ET was also told that Smollett is cooperating with police and the ongoing investigation.
Taraji P. Henson and Terrence Howard Express Support
Smollett's Empire mom, Taraji P. Henson, broke her silence on the alleged attack on Jan. 30, sharing an emotional message alongside a video of Smollett singing his song, "F.U.W."
"@jussiesmollett is pure love to the bone AND THAT IS WHY SO MANY ARE FEELING HIS PAIN BECAUSE IT IS OUR PAIN!!! I tell you one thing HATE WILL NOT WIN!!!! My baby is resilient and love still lives in him. The devil and his minions are very busy right now but one thing is for sure and two things are for certain #GODIS and that is all I know," she wrote.
"This song needs to be downloaded until it goes triple platinum because the message is NEEDED," she continued of Smollett's political track. "#weareresilientpeople AND #weaintgoingnowhereuntillwearefinished. The love so many have him just goes to show HE IS LOVE!!!! I LOVE YOU MY BABY MY BABY!!! #LOVEWINSALWAYS."
Terrence Howard, who plays Smollett's father on Empire, also supported him during an appearance on Good Morning America on Jan. 30.
"I heard he’s getting better," Howard said of Smollett. "He’s angry, but I know Jussie. Jussie’s anger will dissipate, and he will forgive these people for what they did. But he won’t, and we cannot, forget their actions. They have to be forgiven because it was done out of ignorance.”
Persons of Interest Emerge
That afternoon, the Chicago Police shared that they had a new development in their investigation.
The police department revealed on Twitter on Jan. 30 that detectives had located a surveillance camera which shows persons of interest; hours later, photos were released to the public.
JAN. 31, 2019:
Smollett Gets Ready to Return to Work
"As of now, Jussie plans to return to work when filming for his role picks up again," a source close to the Empire actor told ET on Jan. 31, adding that the show's temporary shutdown due to weather gave Smollett "time to process everything that happened."
As of that morning Smollett was also still scheduled to perform at the Troubadour that Saturday, with ET's source sharing that he didn't plan on canceling.
"Jussie is planning to perform a musical show this weekend in L.A. Jussie is strong. He knows that what happened to him is unfortunate, but he’s not going to let it get the best of him," the source said. "He’s a fighter and will push through this, like everything else he has fought through in his life."
The FBI Joins the Investigation
Several updates on the investigation were released on the morning of Jan. 31, when ET learned that the FBI was investigating a threatening letter sent to the Empire production offices the week before. The FBI had "no comment."
ET also learned from police that 12 detectives have been actively working on the investigation since the alleged attack happened on Jan. 29. However, a spokesperson for the Chicago Police Department told ET that detectives have not located the container that Smollett says contained a liquid substance that was thrown at him during the incident.
Chicago Police told ET that Smollett continues to fully cooperate with detectives on the investigation. A spokesperson for the department said that detectives are trying to corroborate all parts of the incident that happened early Tuesday morning and that it's an extremely time-consuming process for the 12 detectives assigned to the case to go through hours and hours of several different angles of surveillance footage.
Police also confirmed to ET that Smollett was seen entering an apartment building on closed-circuit television cameras with the rope from the alleged attack draped around his neck.
Smollett's Family Speaks Out
Smollett's family released a statement to ET on Jan. 31: “In the early hours of Tuesday morning, our beloved son and brother, Jussie, was the victim of a violent and unprovoked attack. We want to be clear, this was a racial and homophobic hate crime. 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."
"Our family thanks everyone for their prayers and the huge amount of love he has received. We are thankful to our village for your immense support during this trying time. We are so grateful that God saw him through this cowardly attack alive," the statement continued. "Jussie is a warrior whose light cannot be dimmed. We want people to understand these targeted hate crimes are happening to our sisters, brothers and our gender non-conforming siblings, many who reside within the intersection of multiple identities, on a monthly, weekly, and sometimes even daily basis all across our country. Oftentimes ending fatally, these are inhumane acts of domestic terrorism and they should be treated as such. They will continue to occur until we hold each other accountable."
"Make no mistake, words matter. Hateful words lead to hateful actions. Radical love is the only solution, but passivity will be our downfall. We, as a family, will continue to work for love, equity and justice until it reigns supreme in our nation and all over the world," the statement concluded. "With love & gratitude, the Smollett Family."
President Donald Trump Weighs In
President Donald Trump also weighed in on the news while speaking to reporters on Jan. 31. "That I can tell you is horrible," Trump said. "I've seen it, last night. I think that's horrible. It doesn't get worse, as far as I'm concerned."
FEB. 1, 2019:
Smollett Breaks His Silence
The actor released a statement on Feb. 1, addressing it to the "beautiful people" and revealing that he is "OK."
"Let me start by saying that I am OK. My body is strong but my soul is stronger," Smollett's statement began. "More importantly, I want to say thank you. The outpouring of love and support from my village has meant more than I will ever be able to truly put into words. I am working with authorities and have been 100 percent 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."
"As my family stated, these types of cowardly attacks are happening to my sisters, brothers and non-gender conforming siblings daily. I am not and should not be looked upon as an isolated incident," the statement continued. "We will talk soon and I will address all details of this horrific incident, but I need a moment to process. Most importantly, during times of trauma, grief and pain, there is still a responsibility to lead with love. It’s all I know. And that can’t be kicked out of me. With Love, respect & honor…Jussie."
Actor Recovering Well Ahead of Upcoming Concert
As of Feb. 1, Smollett was still expected to go through with his concert in West Hollywood the next day. Additionally, a source close to Smollett told ET that cops informally asked Smollett if he would surrender his phone to verify he was talking to his manager on his cell phone during the alleged attack. The source said that Smollett felt uncomfortable with that and declined, and claims he was never asked about phone records. The source added that Smollett said he would provide the records and is in the process of gathering those phone records.
A source close to Smollett also wanted to clarify that Smollett never said the men who allegedly attacked him were wearing "MAGA" hats, but that they did scream "MAGA Country." The source added that reports that Smollett had the rope around his neck long after the incident when he was at the hospital are false. Smollett had the rope around his neck when cops arrived at his building 42 minutes after the incident, the source said, adding that the actor kept the rope there in order to preserve evidence. Additionally, ET learned that Smollett was in L.A.
Police Test Smollett's Clothing for New Clues
Chicago Police confirmed to ET that detectives were in possession of the sweater that Smollett was wearing during the alleged attack. ET also confirmed that detectives had the rope that was around Smollett’s neck. The two items were being tested in hopes of giving detectives new clues.
The suspicious letter sent to the Empire production office last month, meanwhile, was revealed to contain a powder substance identified as aspirin, ET has learned. The FBI was handling the investigation into the letter and declined to comment to ET about the investigation.
FEB. 2, 2019:
Smollett Takes the Stage
Days after the alleged attack, Smollett returned to the stage, performing his scheduled set at the Troubadour in West Hollywood, California, on Feb. 2. During his emotional performance, the singer took a moment to clarify details of the incident.
"There's a lot of stuff that's been said about me that is absolutely not true," Smollett said before speaking out about his injuries. "I was bruised but my ribs were not cracked. They were not broken."
"I went to the doctor immediately. Frank Gatson drove me, I was not hospitalized," he added. "Both my doctors in L.A. and Chicago cleared me to perform, but said to take care, obviously."
"And above all, I fought the f**k back," Smollett concluded, before joking, "I'm the gay Tupac."
FEB. 5, 2019:
Henson Says Smollett Is "Missed" on Set
Henson couldn't help but be thinking of Smollett as she celebrated her new movie, What Men Want. On Feb. 5, she told ET that she was missing her onscreen son on the Empire set, but expected him to be working again soon.
"He hasn’t been back [on set] yet, but he will be, absolutely,” she said. "We miss him so... You can’t let hate win.”
"At his very core is love, so that’s how he operates and that’s why the tragedy was felt by so many people because of what he represents."
FEB. 6, 2019:
Smollett Returns to Empire
ET learned on Feb. 6 that Smollett was officially back to work on the Empire set. ET also learned that Smollett was healing well, as Fox put their support behind him at their Television Critics Association winter press tour.
"First of all, on any situation like that, the first thing I’ll say is that my heart goes out to Jussie and everyone involved. It really is a tragic thing," the network's CEO, Charlie Collier, told reporters. "He’s an important and so talented member of the Fox family, and our heart goes out to him."
"There is an ongoing criminal investigation, so I won't go deeper than that, except to say it’s been really gratifying to watch the creative community rally around him," he continued, adding that at this time, Fox is not announcing whether Empire has been renewed for another season.
FEB. 11, 2019:
Phone Records are Handed Over
On Feb. 11, ET learned that Smollett had turned over "limited and redacted" phone records to the Chicago Police Department, as part of their investigation into the alleged attack.
A spokeswoman for the Chicago Police Department told ET that Smollett turned over his cell phone records that morning, and that they would "be analyzed by detectives and we will be in contact with the victim should additional information be needed."
Chicago Police claimed they previously asked Smollett for his phone in an effort to corroborate certain details from his accounting of the incident, which included him being on the phone with talent manager, Brandon Z. Moore, when the alleged attack occurred. ET learned that phone records from Moore were sent to Chief of Staff to the Superintendent of Police Robert Boik on Feb. 5.
FEB. 12, 2019:
Phone Records are Rejected
The next day, a spokesperson for the Chicago Police Department told ET that detectives rejected the cell phone records Smollett submitted via PDF because they were heavily redacted.
According to police, a PDF is subject to manipulation, but they didn't say they had any evidence that Smollett manipulated his phone records; detectives asked Smollett to submit his actual phone bill or a download of his entire phone. Police also told ET that detectives recently obtained surveillance video from stores in the area where the alleged attack happened to see if anyone bought rope around the time the incident occurred.
As the investigation continued, Smollett was still cooperating with detectives, and authorities were continuing to treat the actor as the victim of a hate crime, the spokesperson added.
A rep for Smollett, meanwhile, further insisted that the actor was "the victim here."
"Jussie has voluntarily provided his phone records from within an hour of the attack and given multiple statements to police. Chicago PD has repeatedly informed us that they find Jussie's account of what happened that night consistent and credible," the rep said. "Superintendent Johnson has been clear from day one that Jussie is a victim. We are continuing to work closely with the Chicago PD and remain confident that they will find Jussie's attackers and bring them to justice. Any redacted information was intended to protect the privacy of personal contacts or high-profile individuals not relevant to the attack."
FEB. 14, 2019:
Smollett Gives First TV Interview on Alleged Attack
The actor emotionally opened up about the incident during a Feb. 14 interview with Good Morning America's Robin Roberts.
During the sit-down, Smollett revealed the reason he initially hesitated to call the police. "There’s a level of pride there. We live in a society where, as a gay man, you are considered somehow to be weak, and I’m not weak and we as a people are not weak,” he said, looking visibly upset.
Smollett also offered an explanation to his unwillingness to release his full phone records to police. "I’m sorry, but I’m not going to do that because I have private pictures and videos and numbers, my partner’s number, my family’s number, my castmates' numbers, my friend’s numbers, my private emails, my private songs, my private voice memos. I don’t know what that’s going to be to hand over my phone. And honestly, by then, inaccurate false statements had been put out there," he said.
Of the actual incident, Smollet said: "I heard as I was crossing the intersection, I heard, ‘Empire!’ I don’t answer to Empire,” he recalls. "My name ain’t Empire. And I didn’t answer. I kept walking and then I heard ‘f****t Empire n****r’ so I turned around and said, ‘The f**k did you just say to me?’”
Smollett said that at first, he was just dealing with one person. "I see the attacker, masked. He said, ‘This MAGA country n****r,’ punches me right in the face. So I punched his a** back. And then we started tussling. It was very icy and we ended up tussling by the stairs. Fighting, fighting, fighting, there was a second person involved who was kicking me in my back. Then it just stopped and they ran off, and I saw where they ran," he told Roberts, adding that he didn't "have any doubt in my mind" that the people in the photos Chicago Police released as persons of interest were his two alleged attackers.
Persons of Interest are Identified
Later that day, Chicago Police Department spokesperson Anthony Guglielmi said they identified the two people in question pictured in the surveillance camera footage they released to the public.
"Through meticulous investigation, #ChicagoPolice detectives have identified the persons of interest in the area of the alleged attack of the Empire cast member," Guglielmi tweeted. "These individuals are not yet suspects but were in area of concern and are being questioned. Investigation continues."
"The people of interest are alleged to be in the area where a crime was reported. They are not considered suspects at this time as they are currently being questioned by detectives," Guglielmi added. "We remain in communication with the alleged victim."
Persons of Interest's Homes are Raided
CBS News' Chicago affiliates reported on Feb. 14 that police had raided the homes of the two persons of interest. The people -- then still unidentified to the public -- allegedly had connections to the Empire production.
According to reporter Charlie De Mar, who took to Twitter to share the report, "Police raided the home of two persons of interest in Jussie Smollett case last night. Both men are of Nigerian decent [sic] and have appeared as extras on the show. Police took bleach, shoes electronics and more. Officers asked family if they knew Jussie Smollett."
"This information is according to family who says home was ransacked. I asked family why they think police picked the two brothers up for questioning and they replied by saying the men left for Nigeria the day of the attack," the second tweet read.
Fox Slams Reports Smollett Was Being Written Off Empire
Amid all the developments on Feb. 14, reports circulated claiming that Smollett orchestrated his own attack in response to allegedly being written off Empire. However, the network and studio released a statement to ET that day, denying Smollett's character was being dropped from the show.
“The idea that Jussie Smollett has been, or would be, written off of Empire is patently ridiculous," the joint statement read. "He remains a core player on this very successful series and we continue to stand behind him.”
A source close to Empire also told ET that the theory that Smollett was being written off the show is absurd, as he is one of the leads on the hit program and is under contract. A second source also said rumors that he was being written off are “not true.”
FEB. 15, 2019:
Police Confirm Arrests of Persons of Interest
Chicago Police confirmed to ET on Feb. 15 that the two men who had been questioned by police (and were seen on the surveillance footage) were arrested on Feb. 13.
"Interrogations will resume today with the two individuals and their attorney. While we haven't found any video documenting the alleged attack, there is no evidence to say that this is a hoax. The alleged victim [Smollett] is being cooperative at this time and continues to be treated as a victim, not a suspect," Guglielmi told ET earlier on Feb. 15. "For clarification, the two individuals interviewed are classified as potential suspects. Detectives have probable cause that they may have been involved in an alleged crime and we are working to corroborate the allegations and investigative timeline as our investigation continues."
Police Reveal Persons of Interest Have Been Released
Hours later, ET learned that the two men who were arrested had been released without charges. Guglielmi, Chief Communications Officer for Chicago Police, shared the update on Twitter.
“Due to new evidence as a result of today's interrogations, the individuals questioned by police in the Empire case have now been released without charging and detectives have additional investigative work to complete,” the statement read.
FEB. 16, 2019:
Police "Shift Trajectory of the Investigation"
Guglielmi told ET on Feb. 16 that the investigation into Smollett's case had shifted following the Chicago Police Department's meeting with the two former persons of interest. "We can confirm that the information received from the individuals questioned by police earlier in the Empire case has in fact shifted the trajectory of the investigation. We've reached out to the Empire cast member's attorney to request a follow-up interview."
CBS News, meanwhile, reported that they have sources who claimed Smollett orchestrated the alleged attack with the two men who were arrested in connection with the case on Wednesday and released on Friday without charges.
Smollett Hits Back Against Claims He's 'Familiar' With Alleged Attackers
The Empire star's attorneys, Todd S. Pugh and Victor P. Henderson, issued a statement to ET on behalf of their client on the night of Feb. 16, saying Smollett was "angered and devastated" by the claims he knew his alleged attackers.
"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," the statement read, in part.
“One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video," the statement claimed. "It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity."
“Jussie and his attorneys anticipate being further updated by the Chicago Police Department on the status of the investigation and will continue to cooperate. At the present time, Jussie and his attorneys have no inclination to respond to 'unnamed' sources inside of the investigation, but will continue discussions through official channels,” the statement concluded.
FEB. 18, 2019:
Smollett Doesn't Meet With Police
Following new developments in the case -- and allegations that Smollett paid the two men -- identified as Ola and Abel Osundairo -- arrested in the case to participate in the alleged attack -- ET learned that Smollett had no plans to meet with Chicago Police that day. He had vehemently denied the claims.
“There are no plans for Jussie Smollett to meet with Chicago police today,” the 36-year-old Empire star's lawyers, Todd S. Pugh and Victor P. Henderson, told ET in a statement on Feb. 18. “Any news reports suggesting otherwise are inaccurate.”
“Smollett's attorneys will keep an active dialogue going with Chicago police on his behalf,” the statement continued. "We have no further comment today."
FEB. 20, 2019:
Fox Insists Smollett Isn't Being Written Off Empire
Amid speculation surrounding the case, rumors sparked that Smollett's character would now be written off Empire, or that scenes he had previously filmed for upcoming episodes of the series would be cut. Fox denied the reports in a statement to ET the morning of Feb. 20.
"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 read.
Smollett Becomes a Suspect
Guglielmi revealed on Twitter on Feb. 20 that Smollett had officially been classified as a suspect in his own alleged attack. Smollett had maintained he was a victim and did not orchestrate the Jan. 29 alleged attack.
"Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury," Guglielmi tweeted.
Actor Is Officially Charged With Felony Disorderly Conduct
Anthony Guglielmi, Chief Communications Officer for the Chicago Police Department, revealed on Twitter on Wednesday evening that Smollett has been charged with felony disorderly conduct for allegedly filing a false police report when he reported that he was attacked by two masked men.
"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," Guglielmi wrote.
The Cook County State's Attorney's Office confirmed to ET that Smollett has been charged with felony disorderly conduct. A bond court hearing is set for 1:30 p.m. on Thursday.
Smollett's attorneys, Todd Pugh and Victor Henderson, meanwhile, tell ET: "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."
FEB. 21, 2019:
Smollett Surrenders
The actor was taken into custody on Feb. 21, ET confirmed with a Chicago Police spokesperson. He faced up to three years in prison.
Tom Ahern, the Deputy Director of News Affairs and Communications for the Chicago Police Department, tweeted the news on Thursday morning.
"UPDATE: Chicago Police Detectives take #Empire actor #JussieSmollett into custody to face Class 4 Felony charge (punishable for up to 3yrs in prison) for Disorderly Conduct in Falsifying Police report. Bond Hearing scheduled for 1:30 pm [CT] in Cook Country Criminal Court. #ChicagoPolice," the message read.
Police Claim Smollett's Motive Was His Empire Salary
Superintendent of the Chicago Police Department Eddie T. Johnson claimed in a press conference on Feb. 21 that Smollett staged his alleged attack to promote his career.
Johnson addressed reporters in Chicago and alleged the actor paid $3,500 to stage an attack because he was "dissatisfied" with his Empire salary. Johnson also alleged that Smollett concocted the threatening letter he received prior to the alleged attack that contained homophobic and racist language, and when that "didn't work," went ahead with the alleged attack.
A source close to Empire production told ET that Smollett's salary is significantly higher than initial reports of $65,000 an episode and that the actors all got significant raises early in the show’s life when it became a big hit. If Smollett was unhappy with his salary, it was not commonly known, the source shared, and to the source's knowledge, he did not voice any complaints about his salary on Empire.
The source also noted that there is still a lot of support and love for Smollett on the show. “People are wondering what happened to presumed innocence,” the source said.
Meanwhile, in a statement to ET, 20th Century Fox Television and Fox Entertainment said they were "evaluating the situation."
“We understand the seriousness of this matter and we respect the legal process," the statement read. "We are evaluating the situation and we are considering our options.”
Robin Roberts Speaks Out
Roberts, who interviewed Smollett for Good Morning America in his first and only TV interview about the incident, called it a "setback for race relations" while reacting to Smollett's arrest on GMA. Smollett, meanwhile, has maintained he was a victim and did not orchestrate the alleged attack.
"This touches all the buttons," Roberts said. "It’s a setback for race relations, homophobia, MAGA supporters. I cannot think of another case where there is this anger on so many sides and you can understand why there would be."
Smollett Back on Set
The actor returned to the Empire set after posting $10,000 of his $100,000 bond. Two sources told ET that the actor headed to the location where the FOX show filmed in Chicago. A source close to the Empire production team told ET earlier that day that a meeting with FOX was expected to happen to discuss Smollet's future with the show.
Smollett Speaks Out
Following his arrest, Smollett's brother, Jake, shared a statement from the Empire star's legal team on Instagram that evening.
"Today we witnessed an organized law enforcement spectacle that has no place in the American legal system," the statement read. "The presumption of innocence, a bedrock in the search for justice, was trampled upon at the expense of Mr. Smollett and notably, on the eve of a Mayoral election."
"Mr. Smollett is a young man of impeccable character and integrity, who fiercely and solemnly maintains his innocence and feels betrayed by a system that apparently wants to skip due process and proceed directly to sentencing," the statement added.
Feb. 22, 2019:
Smollett Dropped From Empire
The executive producers of the Fox series -- Lee Daniels, Danny Strong, Brett Mahoney, Brian Grazer, Sanaa Hamri, Francie Calfo and Dennis Hammer -- released a new statement explaining their rationale for removing Smollett's role of Jamal from the remainder of the season. A source told ET that Smollett was expected to be paid for the two episodes he was pulled out of.
"The events of the past few weeks have been incredibly emotional for all of us. Jussie has been an important member of our Empire family for the past five years and we care about him deeply," the statement read. "While these allegations are very disturbing, we are placing our trust in the legal system as the process plays out."
"We are also aware of the effects of this process on the cast and crew members who work on our show and to avoid further disruption on set, we have decided to remove the role of Jamal from the final two episodes of the season,” the statement added.
March 7, 2019:
Information Leaked
Sergeant Rocco Alioto of the Chicago P.D. told ET that an internal investigation had been opened into who was behind the leaks to the media in the Empire actor's investigation.
"I would like to point out that a lot of the information out there was inaccurate and there were numerous agencies involved in this investigation," Alioto said in a statement. "As a standard procedure when there are allegations of information being leaked, an internal investigation has been opened and we are also looking at our vulnerabilities.”
March 8, 2019:
Smollett Indicted
ET learned that the actor had been indicted on 16 felony counts by a grand jury in Chicago. The counts focused on alleged false statements made to two different Chicago police officers.
"Jussie Smollett knew that at the time of this transmission there was no reasonable ground for believing that such offenses had been committed," the indictment obtained by ET stated.
In a statement to ET, Smollett's attorney, Mark Geragos, said: "The fact of an indictment was not unexpected. We knew that there is no way they would expose their evidence to a public airing and subject their witnesses to cross-examination. What is unexpected, however, is the prosecutorial overkill in charging 16 separate counts against Jussie. This redundant and vindictive indictment is nothing more than a desperate attempt to make headlines in order to distract from the internal investigation launched to investigate the outrageous leaking of false information by the Chicago Police Department and the shameless and illegal invasion of Jussie's privacy in tampering with his medical records. Jussie adamantly maintains his innocence even if law enforcement has robbed him of that presumption."
March 12, 2019:
Smollett Makes Court Appearance
Smollett made a court appearance in Chicago, to attend a hearing on whether or not cameras would be allowed to be present in the courtroom during his next scheduled court appearance. He was not required to attend Tuesday's hearing. ET learned cameras would be allowed in the courtroom for Smollett's hearing. The actor's legal team welcomed cameras as a counter to what they called misinformation leaked to the media.
A source told ET that Smollett chose to come to court because he wants to be as transparent as possible, and that he looked forward to the evidence being presented in court.
March 14, 2019:
Smollett Pleads Not Guilty
The actor pleaded not guilty to the 16 felony counts he was indicted on. Smollett’s attorney entered a not guilty plea on behalf of the actor, who stood next to his attorney with his hands behind his back. The Empire star would not be allowed to travel to New York and Los Angeles without asking the court for permission.
March 20, 2019:
Lee Daniels Shares Update on How Empire Cast Is Feeling
The Empire creator shared a video in which he admitted, "These past couple of weeks have been a freakin' roller coaster." "Me and my cast have experienced pain, anger, sadness and frustration," Daniels continued. "And [we] really don't know how to deal with it, ya know?"
The filmmaker and producer -- who co-created Empire with Danny Strong and remains an executive producer on the series -- never mentioned Smollett by name in his remarks, and coyly danced around him when he stressed that the episodes that aired over the last two weeks were filmed "prior to the incident."
March 26, 2019:
Charges Dropped
All charges were dropped against Smollett, and he would no longer face charges for allegedly filing a false police report in which he claimed he was the victim of a hate crime.
The Cook County State's Attorney's Office told ET in a statement, "After reviewing all of the facts and circumstances of the case, including Mr. Smollet's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case."
In a later statement, the Cook County State's Attorney's Office shed more light on their decision.
"In the last two years, the Cook County State's Attorney's Office has referred more than 5,700 cases for alternative prosecution," the statement read. "This is not a new or unusual practice. An alternative disposition does not mean that there were any problems or infirmities with the case or the evidence. We stand behind the Chicago Police Department's investigation and our decision to approve charges in this case. We did not exonerate Mr. Smollett. The charges were dropped in return for Mr. Smollett's agreement to do community service and forfeit his $10,000 bond to the City of Chicago. Without the completion of these terms, the charges would not have been dropped. This outcome was met under the same criteria that would occur for and is available to any defendant with similar circumstances."
Smollett Thanks Friends and Family For Their Support
Smollett and his lawyers held a press conference after charges were dropped, where he addressed reporters and thanked family and friends for their continued support.
"First of all I want to thank my family, my friends, the incredible people of Chicago and all over the country and the world who have prayed for me, who have supported me and who have showed me so much love," he told reporters. "No one will ever know how much that has meant to me and I will be forever grateful. I want you to know that not for a moment was it in vain. I have been truthful and consistent on every level since day one. I would not be my mother’s son if I was capable of one drop of what I’ve been accused of."
"This has been an incredibly difficult time," he continued. "Honestly one of the worst of my entire life. But I am a man of faith and I am a man that has knowledge of my history and I would not bring my family, our lives or the movement through a fire like this. I just wouldn’t. Now I’d like nothing more than to get back to work and move on with my life. But make no mistakes, I will always continue to fight for the justice, equality and betterment of marginalized people everywhere. So again, thank you for all the support. Thank you for faith and thank you to God. Bless you. Thank you very much."
Chicago Police Superintendent and Mayor Slam Decision to Drop Charges
Both Chicago Police Superintendent Eddie Johnson and Chicago Mayor Rahm Emanuel made it clear that they strongly disagreed with the prosecution's decision to drop all charges against Smollett. A Chicago police source told ET that the department really had no idea that the Cook County State’s Attorney’s Office was going to drop all the charges against Smollett. The source called the decision “insulting” and an “absolute travesty.”
“It was a sucker punch” to the department," the source added. “It was a tough day.”
In a press conference, Johnson said he didn't think justice was served. "Do I think justice was served? No," Johnson bluntly told reporters. "What do I think justice is? I think this city is still owed an apology.”
"I heard that they wanted their day in court with TV cameras so America could know the truth," he continued. "But no, they chose to hide behind secrecy and broker a deal to circumvent the judicial system. ... I stand behind the detectives' investigation."
Emanuel later addressed reporters and talked about both the financial and "ethical" cost of the case. Emanuel claimed Smollett’s forfeiture of a $10,000 bond didn't "come close" to what the city spent on resources investigating, and also said the case wasn't fair to victims of hate crimes who will now face more scrutiny and doubt.
March 28, 2019:
Smollett's Lawyers Say Actor Is Victim of "Smear Campaign"
Smollett's attorney, Patricia Brown Holmes, released a statement to ET, accusing Chicago officials of creating a "smear campaign" against the actor.
"We are disappointed the local authorities have continued their campaign against Jussie Smollett after the charges against him have been dropped. The facts are clear. The Assistant State’s Attorney appeared in court and dismissed the charges. Mr. Smollett forfeited his bond," the statement read in part.
City of Chicago Want Smollett to Pay for Cost of Investigation
Bill McCaffrey, a spokesman for the Chicago government's legal department, told ET that the city was seeking $130,000 from Smollett to cover the costs of the investigation into the actor's alleged attack. "The city feels this is a reasonable and legally justifiable amount to collect to help offset the cost of the investigation," McCaffrey told ET.
A letter to Smollett from the Department of Law, City of Chicago, stated that "in order to resolve the matter without further legal action, the City requires immediate payment of the $130,106.15 expended on overtime hours in the investigation of this matter." The letter said the payment must be made within seven days, or the Department of Law would prosecute Smollett for making a false statement to the City of Chicago.
April 4, 2019:
Smollett Will Not Pay
Bill McCaffrey, a spokesperson for the city of Chicago’s Department of Law told ET on that Smollett "has refused to reimburse the City of Chicago for the cost of police overtime spent investigating his false police report on Jan. 29, 2019."
"The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook County," the statement read.
April 11, 2019:
City of Chicago Files a Civil Complaint
The actor faced a lawsuit from the City of Chicago over the cost of investigating the alleged attack against Smollett that the city alleges was a hoax.
"The Law Department has filed a civil complaint against Mr. Smollett in the Circuit Court of Cook County that pursues the full measure of damages allowed under the false statements ordinance," the City of Chicago and Chicago Law Department said in a statement released to ET.
According to the court documents, the City of Chicago "expended significant resources and manpower, including, but not limited to, $130,106.15 in CPD overtime pay."
April 30, 2019:
Empire Renewed, But Smollett Not Returning
Fox renewed the music drama for a sixth season. However, the network made no mention of Smollett in its announcement, it appeared there were "no plans" to bring his character, Jamal Lyon, back at the the time.
“By mutual agreement, the studio has negotiated an extension to Jussie Smollett’s option for season six, but at this time there are no plans for the character of Jamal to return to Empire," Fox Entertainment and 20th Century Fox TV said in a joint statement to ET.
“We've been told that Jussie will not be on Empire in the beginning of the season but he appreciates they have extended his contract to keep Jamal’s future open," Smollett's personal rep told ET in a statement. "Most importantly he is grateful to Fox and Empire leadership, cast, crew and fans for their unwavering support!”
May 23, 2019:
Smollett's Criminal Case Unsealed
A judge in Chicago ordered the file in the actor's criminal case unsealed. Cook County Judge Steven Watkins said the Empire actor forfeited his rights to keep the case sealed by speaking to the media before and after prosecutors dismissed the charges against him. The file wasn't immediately released.
Smollett "voluntarily appeared on national television for an interview speaking about the incident in detail," the judge wrote. "After the March 26 dismissal, he voluntarily stood in front of cameras from numerous news organizations in the courthouse lobby and spoke about the case. On several occasions, attorneys for defendant, presumably with his authorization, appeared on various media outlets speaking about the case."
The judge added, "These are not the actions of a person seeking to maintain his privacy or simply to be let alone."
June 24, 2019:
Chicago Police Release Footage From Alleged Attack
Chicago police released hundreds of files from Smollett's investigation. The footage included video that showed the actor with his face blurred and wearing a white rope he told detectives his attackers looped around his neck. Many files contained surveillance camera footage that police collected as they launched what was initially a hate crime investigation, as well as footage from what appeared to be the route police have said the two brothers took to and from the scene.
Nov 20, 2019:
Smollett Files Malicious Prosecution Claim
Smollett accused Chicago police of malicious prosecution, claiming he was the victim of “mass public ridicule and harm” after he was charged with orchestrating a fake hate crime against himself. In his counterclaim against the city, Smollett’s attorneys argued the Osundairo brothers lied to police about the attack being a hoax, and said their testimony against him was inherently unreliable, because they were only trying to avoid being charged themselves.
Smollett’s counterclaim was filed against the city, Chicago Police detectives Michael Theis and Edward Wodnicki, Supt. Eddie Johnson, and the Osundairo brothers.
Feb. 11, 2020:
Smollett Indicted
ET confirmed that special prosecutor Dan Webb indicted the actor in connection with the alleged staged attack in Chicago in 2019.
Webb shared in a statement to ET that, based on the recommendation of the Office of the Special Prosecutor, a Cook County grand jury returned a six-count indictment charging Smollett with making four separate false reports to Chicago Police Department officers related to his claims that he was the victim of a hate crime.
Smollett's Legal Team Responds
The actor's attorney, Tina Glandian, released a statement to ET questioning the indictment.
"This indictment raises serious questions about the integrity of the investigation that led to the renewed charges against Mr. Smollett, not the least of which is the use of the same CPD detectives who were part of the original investigation into the attack on Mr. Smollett to conduct the current investigation, despite Mr. Smollett's pending civil claims against the City of Chicago and CPD officers for malicious prosecution," the statement read. "One of the two witnesses who testified before the grand jury is the very same detective Mr. Smollett is currently suing for his role in the initial prosecution of him."
"After more than five months of investigation, the Office of the Special Prosecutor has not found any evidence of wrongdoing whatsoever related to the dismissal of the charges against Mr. Smollett," the statement continued. "Rather, the charges were appropriately dismissed the first time because they were not supported by the evidence. The attempt to re-prosecute Mr. Smollett one year later on the eve of the Cook County State's Attorney election is clearly all about politics not justice."
Smollett is due in court on Feb. 24, 2020.
See more on the case in the video below.
RELATED CONTENT:
