[UPDATED] Chicago PD Charges Jussie Smollett With Felony for Filing False Police Report on Assault

Update, 7:00 PM: Variety has learned that FOX is considering whether or not they should suspend Jussie Smollett from Empire, according to sources close to the production. 20th Century Fox Television declined to comment.

Update, 6:01 PM: Jussie Smollett’s lawyers, Todd Pugh and Victor Henderson, issued a statement to Deadline: “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.”

ORIGINAL STORY: Just hours after Empire star Jussie Smollett was announced as a suspect in the Chicago Police Department’s investigation into a possible felony for filing a false police report, the actor was charged and is scheduled for arrest.

Chicago PD Spokesperson Anthony Guglielmi announced Smollett’s charges on Twitter, with disorderly conduct a part of the actor’s indictment. “Felony criminal charges have been approved by Cook County State Attorney’s Office 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 said.

The indictment comes a day after Chicago PD uncovered evidence supporting claims that Smollett staged the January 29 assault against him. Brothers Olabinjo and Abimbola Osundairo—both extras in Empire and one of which is Smollett’s personal trainer—were questioned by Chicago PD and released without charges after they cooperated with the investigation. It’s believed that Smollett hired the two men to perform the attack on him, which was branded as “a racial and homophobic hate crime.”

In response to the growing issue, FOX decided to cut down Smollett’s scenes in the second half of Empire Season 5. At the moment, his character, Jamal Lyon, will not be written off from the show just yet. FOX TV declined to comment on the matter.