The men claimed after they were arrested that the actor had paid them to stage the attack, which led police to switch gears in the investigation. "The act that triggers the disorderly conduct charge would simply be calling the police". A bond court hearing is set for 1:30 p.m. on Thursday.
The offence the actor is charged with is could bring one to three years in prison - and for Smollett to pay for the cost of the investigation. A police source also told CNN the men had a previous affiliation with Smollett but did not provide additional details.
The Cook County State's Attorney Office approved the charges, which means that arrangements are being made for Smollett to turn himself in.
"Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest", police spokesman Anthony Guglielmi said on Twitter.
Smollett's attorneys went on to say one of the "purported suspects" is a personal trainer that Smollett worked with and "it is impossible to believe this person could have played a role in the crime against Jussie or would falsely claim Jussie's complicity".More news: Diego Simeone grabs balls in celebration as Atletico Madrid beat Juventus
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Chicago Police Superintendent Eddie Johnson speaks during a press conference at Chicago police headquarters about the arrest of Empire actor Jussie Smollett on February 21, 2019. The announcement came the same day the Cook County grand jury met to review evidence of the incident. "Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense", Smollett's attorneys, Todd Pugh and Victor Henderson, said in a written statement.
Smollett is accused of orchestrating his own attack with the assistance of Nigerian brothers and Empire extras Olabinjo and Abimbola Osundairo. She said they weren't motivated by any promises from prosecutors.
Charlie de Mar of CBS affiliate WBBM told ET on Tuesday that per his sources, the brothers told detectives that they rehearsed the attack with Smollett a few days before the incident.
Smollett, who like his character Jamal Lyon is black and gay, said he was attacked by two masked men who yelled "this is MAGA country" during their alleged assault.
But Chicago investigators quickly found holes in Smollett's story. "We were born and raised in Chicago and are American citizens". The Osundairos did not respond to a message on their Team Abel Facebook page or to an email posted on their YouTube page, and a voice message left at a phone number listed for their father also was not returned. "Nothing is further from the truth and anyone claiming otherwise is lying".