Jussie Smollett Alleged Attack: Everything We Know

Credit: Roy Rochlin/Getty Images

Jussie Smollett Alleged Attack: Everything We Know

In two years since Jussie Smollett told Chicago police that he was the victim of a homophobic and racist attack, there has been one shocking development after another. Investigators searched for the perpetrators of what was initially described as a “possible hate crime” before ultimately accusing the actor of staging his own assault. The Empire star reported that he was attacked in the early hours of January 29, 2019. Days later, he spoke out for the first time since the incident, stating that he was “working with authorities and [has] been 100 percent factual and consistent on every level.” He also returned to work, performing a concert in West Hollywood before returning to the set of his Fox musical drama. Smollett appeared on Good Morning America in February 2019, for his first interview about the alleged attack. He became emotional at one point, saying that he was “forever changed” and felt “pissed off” by both the incident itself and the skepticism swirling on social media. A major development in the case came that same month, when police arrested two possible suspects, but they were released soon after without charges. Multiple reports later surfaced accusing the actor of staging the attack with the help of Abimbola "Bola" Osundairo and Olabinjo "Ola" Osundairo, which he repeatedly and vehemently denied. [jwplayer VAGkYxQ3-zhNYySv2] However, in February 2019, he was charged with felony disorderly conduct for making a false police report. The next morning, he was arrested. He was subsequently charged with 16 felony counts. In another shocking reversal, Smollett’s attorneys announced in March 2019, that Cook County prosecutors dropped all charges against him and "his record has been wiped clean.” "After reviewing all of the facts and circumstances of the case, including Mr. Smollett'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," the Cook County State's Attorney's Office said in a statement at the time. However, nearly a year later, in February 2020, a special prosecutor Dan Webb indicted Smollett again, renewing the divisive case. The indictment against Smollett stated that he "knew at the time" that there was no crime when he reported to the police that he had been assaulted. In December 2021, Smollett took the stand where he explained that the attack was "no hoax." "My character was a superstar, a pop star, a beloved GQ whatever," he told the jury, according to the Tribune. "It was very important that I looked like Black Cary Grant, not beat down." Smollett was found guilty of five felony counts of disorderly conduct in December 2021. Scroll down for a comprehensive timeline to stay up-to-date on everything we know about the story so far: [podcast_block]

Credit: Roy Rochlin/Getty Images

Jussie Smollett Alleged Attack: Everything We Know

In two years since Jussie Smollett told Chicago police that he was the victim of a homophobic and racist attack, there has been one shocking development after another. Investigators searched for the perpetrators of what was initially described as a “possible hate crime” before ultimately accusing the actor of staging his own assault. The Empire star reported that he was attacked in the early hours of January 29, 2019. Days later, he spoke out for the first time since the incident, stating that he was “working with authorities and [has] been 100 percent factual and consistent on every level.” He also returned to work, performing a concert in West Hollywood before returning to the set of his Fox musical drama. Smollett appeared on Good Morning America in February 2019, for his first interview about the alleged attack. He became emotional at one point, saying that he was “forever changed” and felt “pissed off” by both the incident itself and the skepticism swirling on social media. A major development in the case came that same month, when police arrested two possible suspects, but they were released soon after without charges. Multiple reports later surfaced accusing the actor of staging the attack with the help of Abimbola "Bola" Osundairo and Olabinjo "Ola" Osundairo, which he repeatedly and vehemently denied. [jwplayer VAGkYxQ3-zhNYySv2] However, in February 2019, he was charged with felony disorderly conduct for making a false police report. The next morning, he was arrested. He was subsequently charged with 16 felony counts. In another shocking reversal, Smollett’s attorneys announced in March 2019, that Cook County prosecutors dropped all charges against him and "his record has been wiped clean.” "After reviewing all of the facts and circumstances of the case, including Mr. Smollett'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," the Cook County State's Attorney's Office said in a statement at the time. However, nearly a year later, in February 2020, a special prosecutor Dan Webb indicted Smollett again, renewing the divisive case. The indictment against Smollett stated that he "knew at the time" that there was no crime when he reported to the police that he had been assaulted. In December 2021, Smollett took the stand where he explained that the attack was "no hoax." "My character was a superstar, a pop star, a beloved GQ whatever," he told the jury, according to the Tribune. "It was very important that I looked like Black Cary Grant, not beat down." Smollett was found guilty of five felony counts of disorderly conduct in December 2021. Scroll down for a comprehensive timeline to stay up-to-date on everything we know about the story so far: [podcast_block]

Credit: Gabriel Olsen/Getty Images

Alleged Attack Takes Place

Smollett, who is openly gay, told the Chicago Police Department that he had been attacked on January 29, 2019, at 2 a.m. He said he was approached by two men who yelled racist and homophobic slurs and “This is MAGA country,” beat him, poured an unknown chemical substance on him and wrapped a rope around his neck. He transported himself to Northwestern Memorial Hospital and was released later that day in good condition.

Credit: G.N.Miller/NYPost / MEGA

‘Persons of Interest’ Security Footage

The first sign of progress in the case came on January 30, 2019, when police released grainy surveillance footage that department spokesman Anthony Guglielmi told Us Weekly showed two “potential persons of interest wanted for questioning.” Meanwhile, the FBI began investigating a threatening letter that was sent to Smollett at the Empire offices in Chicago days before the reported attack.

Credit: Greg Doherty/Getty Images

Refusal to Turn Over Phone Records

Guglielmi told Us on January 31, 2019, that Smollett and his manager told police they were “talking on their cellphones” right before the attack, but the pair refused to turn over their phone records. That said, the spokesman said that investigators had “no reason to doubt the statements given” at the time.

Credit: Robin Marchant/Getty Images

Family Speaks Out

The actor’s family released a statement to Us later on January 31, 2019, that read in part, “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.”

Credit: Leon Bennett/Getty Images

Breaking His Silence

Smollett broke his silence on February 1, 2019, telling fans in a statement to Essence that he was doing “OK” and thanking them for their support.

“Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served,” he said. “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. 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.”

Credit: Gary Gershoff/WireImage

Return to Work

The singer performed at the famed Troubadour nightclub in West Hollywood on February 2, 2019. He told the crowd, “I had to be here tonight, y’all. I can’t let [them] win. I will always stand for love.” The next week, a source confirmed to Us that he returned to the set of Empire.

Credit: Stephen Green/ABC via Getty Images

‘Good Morning America’ Interview

Smollett detailed his side of the story while sitting down with Robin Roberts on the February 14, 2019, episode of Good Morning America. He explained why he did not hand over his cellphone to police (“I have private pictures and videos and numbers”) and said the attack “felt like minutes but was probably, like, 30 seconds.” He added, “I just want young people, young members of the LGBTQ community — young, black children — to know how strong that they are.”

Credit: Frederick M. Brown/Getty Images

‘Empire’ Producers Deny He Was Being Written Off

A report by ABC 7 Chicago released later on February 14, 2019, claimed that the attack was staged because Smollett’s character, Jamal Lyon, was allegedly being written off Empire. Guglielmi later clarified on Twitter that the report was “unconfirmed by case detectives,” calling it “uninformed and inaccurate.” Empire producers also disputed the “patently ridiculous” rumors surrounding the fate of Smollett’s character, telling Us in a statement that they “continue to stand behind” the star. In a February 20 statement, Fox added that Smollet continued “to be a consummate professional on set.”

Credit: Santiago Felipe/Getty Images

Two Suspects Arrested and Released

Authorities arrested two brothers, Abimbola “Abel” Osundairo and Olabinjo “Ola” Osundairo, on February 15, 2019, in connection with the reported attack. They had been picked up by police at O’Hare International Airport two days earlier. Hours after their arrests, the Osundairos, both of whom have had minor roles on Empire, were released without being charged and were no longer considered suspects.

Credit: Roy Rochlin/Getty Images

Hoax Reports Surface

CNN and multiple other news outlets reported on February 16, 2019, that the brothers told police they were paid by Smollett to orchestrate the attack. Guglielmi then confirmed to Us that “information received from the individuals questioned by police earlier in the Empire case has in fact shifted the trajectory of the investigation” and police were seeking another interview with the actor.

In response, Smollett’s attorney said in a statement, “As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with. 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.”

Credit: Roy Rochlin/Getty Images; Rachel Luna/Getty Images

Robin Roberts Defends Interview

After Smollett was accused of staging the attack, the news anchor spoke out about her interview with the actor. “When I sat down with Jussie, it was Tuesday night [February 12] in Chicago, at the time to ... publicly give his first account of what he said happened,” she said on Good Morning America on February 18, 2019. “At that time, on Tuesday, police officers were saying that his account was consistent, it was credible, and that he was being cooperative. This was all before the interview aired on Thursday, and then we found out about the brothers.”

Credit: FOX via Getty Images

False Police Report Charge

Smollett was officially classified as a suspect in the investigation on February 20, 2019. Later that day, he was charged with felony disorderly conduct for making a false police report. In response, Smollett's legal team told Us they “intend to conduct a thorough investigation and to mount an aggressive defense.”

Credit: Chicago Police Department

Taken Into Custody

Smollett was arrested in Chicago in the early hours of February 21, 2019. Police claimed during a press conference that the actor staged the incident because he was dissatisfied with his salary. In the wake of the news, Fox said in a statement to Us: “We understand the seriousness of this matter and we respect the legal process. We are evaluating the situation and we are considering our options.”

The Marshall star was released on $100,000 bond after a court hearing later in the day. His legal team said in a statement to Us: “Today we witnessed an organized law enforcement spectacle that has no place in the American legal system. 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.”

Credit: Nuccio DiNuzzo/Getty Images)

Back on Set

Two hours after being released from jail, Smollett was spotted back on the set of Empire. E! News reported that the Mighty Ducks star was “originally intended to film throughout this week on the Fox series, but his role was dramatically reduced” in light of recent events.

Credit: FOX via Getty Images

No Longer a Lyon

Empire producers Lee Daniels, Danny Strong, Brett Mahoney, Brian Grazer, Sanaa Hamri, Francie Calfo and Dennis Hammer released a statement on February 22, 2019, revealing that the actor will not appear in the end of Empire season 5.

“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 team behind the show said. “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.”

Credit: CBS

Sorry for Their Role

The Osundairos issued an apology on February 28, 2019, for allegedly helping Smollett stage the incident. “My clients have tremendous regret over their involvement in this situation, and they understand how it has impacted people across the nation, particularly minority communities and especially those who have been victims of hate crimes themselves,” the brothers’ attorney, Gloria Schmidt, said in a statement to CBS Chicago.

Credit: Jerod Harris/Getty Images for The Trevor Project

First Sighting Since Arrest

The Illinois native enjoyed a low-key night with brother Jocqui, sister Jurnee, a female friend and two bodyguards on February 28, 2019, marking the first time he has been spotted in public since his arrest. The group had dinner at Eddie V’s Prime Seafood in Chicago in a private area toward the back of the restaurant. On the way there, Smollett tried to keep a low-profile by covering his head with the hood of his jacket.

Credit: Dominik Bindl/Getty Images

Indicted by Grand Jury

Us confirmed on March 7, 2019, that Smollett was indicted on 16 felony counts by a grand jury for filing a false police report. The charges were related to two separate interviews he had with authorities on January 29.

Credit: DEREK HENKLE/AFP/Getty Images

In Court

On March 12, 2019, Smollett arrived for a court hearing at the Chicago Leighton Criminal Courthouse. Although not required to attend, his rep Anne Kavanaugh told NBC News, “He will do everything he needs to do. He will go the extra mile to cooperate with the process.” The hearing determined that cameras would be allowed for the trial.

Credit: E. JASON WAMBSGANS/AFP/Getty Images

Charges Dropped

Smollett’s attorneys, Tina Glandian and Patricia Brown Holmes, announced on March 26, 2019, that “all criminal charges against Jussie Smollett were dropped and his record has been wiped clean.” Their statement noted, “Jussie is relieved to have this situation behind him and is very much looking forward to getting back to focusing on his family, friends and career.”

Credit: Alexander Tamargo/Getty Images

Plea Deal Investigation

A source revealed to Us on March 27, 2019, that the FBI was investigating Smollett’s plea bargain. “There is an active federal investigation” into how the actor “received an unusually favorable plea deal,” the insider said. “Basically, there is a probe to decide whether or not foul play was involved in his bargain with prosecutors.”

Credit: Nuccio DiNuzzo/Getty Images

Refusal to Reimburse Chicago

Us reported on April 4, 2019, that Smollett had “no plans” to repay the city of Chicago the more than $130,000 allegedly spent on the investigation into his attack. As a result, the city’s department of law announced its plan to file a civil complaint against the actor to “pursue the full measure of damages.” His legal team called the proceedings “factually and legally flawed” as well as “unconstitutional” in a letter obtained by Us. His attorney added: “Mr. Smollett will not be intimidated into paying the demanded sum.”

Credit: Nuccio DiNuzzo/Getty Images

Sued by Chicago

The City of Chicago filed a suit against Smollett on April 11, 2019, seeking monetary relief for a sum to be determined at trial. According to documents obtained by Us, the city also requested that Smollett be fined a $1,000 civil penalty for each alleged false statement the city claims he made.

Credit: Daniel Zuchnik/WireImage

Gone for Good

After Variety reported that Empire writers were “prepping” for Smollett to return to the musical drama for its sixth and final season, co-creator Daniels responded with a tweet rebuking the outlet’s story on June 4, 2019. “This is not factual. Jussie will NOT be returning to Empire,” he wrote.

Credit: Matt Marton/AP/Shutterstock

A Special Prosecutor

Cook County Judge Michael Toomin ordered a special prosecutor to reinvestigate the probe on June 21, 2019, suggesting state’s attorney Kim Foxx mishandled the case. Former U.S. Attorney Dan Webb was later appointed to the role.

Credit: Chuck Hodes/FOX

The Write-Off

Taraji P. Henson’s Empire character, Cookie Lyon, briefly explained her onscreen son’s absence during the season 6 premiere on September 24, 2019, telling Gabourey Sidibe’s Becky Williams, “That boy ran off to London.”

Credit: Mandatory Credit: Photo by TANNEN MAURY/EPA-EFE/Shutterstock

Renewed Attention

Special prosecutor Webb indicted Smollett on six new felony counts of disorderly conduct on February 11, 2020, claiming the actor knew “that he was not the victim of a crime.”

Credit: TANNEN MAURY/EPA-EFE/Shutterstock

Same Plea

Smollett pleaded not guilty to the restored charges on February 24, 2020. His lawyer Glandian informed Judge James B. Linn that she asked the Illinois Supreme Court to halt the case, telling reporters that her client is “obviously frustrated to be dragged through this process again.”

Credit: MEGA

Taking the Stand

During his December 2021 trial, Smollett testified that he met Abimbola at a club while he was filming season 4 of Empire. He revealed that the duo reportedly went to a bathhouse where they did drugs which led to "some touching."

Abimbola, for his part, denied that he was intimate with Smollett during his own testimony that same month. He alleged that the Mighty Ducks actor requested that he help "fake beat him up," which he allegedly agreed to because he felt like he owed Smollett for getting him a role on Empire.

Smollett also noted that Olabinjo "creeped" him out when they met, saying, "Every time we were around him he didn't speak to me. Every time we needed to leave, he made it seem like we needed to sneak off."

He added: "He wasn't feeling me, it's fine," he said. "Who is he to me? It's fine."

Credit: TANNEN MAURY/EPA-EFE/Shutterstock

Guilty

A jury found Smollett guilty of five out of six felony counts of disorderly conduct at the conclusion of his December 2021 trial.

Credit: Anthony Behar/Fox/PictureGroup/Shutterstock

A Flawed 2019 Case?

A 68-page report from special prosecutor Webb was made public on December 20, 2021, detailing the “major failure of operations” by the Cook County State’s Attorney’s Office in Smollett’s initial 2019 case. In the report, Webb pointed out a series of instances in which State’s Attorney Foxx and others in her office made false public statements about the case when they first prosecuted the actor.

According to Webb’s findings, some of Foxx and her office’s actions could be violations of legal ethics, but nothing they did was criminal. Webb detailed multiple instances in which Foxx made overarching statements about Smollett’s case, which were untrue, before she recused herself from the case in the summer of 2019.

One example explained that Foxx told the media in a statement that Smollett’s 2019 case was dropped like thousands of other similar cases, but Webb concluded that was false. “The fact that such a significant mischaracterization could be asserted without sufficient vetting, repeated by figureheads of the (Cook County State's Attorney's Office) and then never corrected or clarified — particularly in a case the (office) knows has captured the public attention — is unacceptable for an office that must be transparent and maintain public confidence,” Webb's report stated.

The special prosecutor also pointed out that Foxx changed her public position about the strength of evidence against the star, which was “false and misleading.”

Credit: Scott Kirkland/Shutterstock

Decision Day

Three months after being found guilty of disorderly conduct, Smollett was sentenced to 150 days in jail. Chicago’s WGN9 reported that the actor earned 30 months of probation following his time behind bars and was ordered to pay over $120,000 in restitution in addition to a $25,000 fine.

“I am not suicidal and I did not do it,” Smollett said after the March 2022 decision, according to a local news outlet.

Credit: Charles Rex Arbogast/AP/Shutterstock

Released

After serving six days behind bars, Smollett was granted permission to post a personal recognizance bond of $150,000, agreeing to appear in court, as his legal team works on his appeal. He was seen leaving Cook County Jail in Illinois on March 16, 2022.

"We've been complaining about the disparate treatment of African Americans in the judicial system regardless of what you think about this case. Some people might think Mr. Smollett is guilty. I disagree," his lawyer, Nenye Uche, told reporters at the time. "But a real question is should Black men be locked into jail for a class four felony. Shame on you if you think they should. That's a disgrace. It's wrong.”