Original Story: Jussie Smollett has dug a deeper hole for himself.

The 36-year-old actor is now a suspect in his own case. Smollet is accused of filing a fake police report, and according to Chicago police communications Officer, Anthony Guglielmi, this is a Class 4 felony. Guglielmi took to Twitter to add that detectives are involved and are presenting evidence before a grand jury.

If the Empire actor is charged, he can face up to a maximum of 3 years in prison. The Chicago police department is looking to obtain Smollet’s financial records as well as bring him in for more questioning. The two brothers that Smollet allegedly hired for the attack claim the attack was staged. They have been identified as Olabinjo and Abimbola Osundairo.

The men are expected to testify as early as Wednesday, according to TMZ and are no longer suspects in the investigation. It is reported that they were paid $3,500 via check, before the attack for “training.” The Osundairo brothers have been very cooperative with Chicago PD after being arrested and released on Tuesday.

Jussie Smollet’s reps stated that Smollet’s attorneys will keep an active dialogue going with Chicago police on his behalf. Despite reports of his scenes being editing out of Empire, “he is not being written out of the show,” according to 20th Century Fox Television. We’ll continue to provides updates as the story develops.

Update: Smollett has been indicted for a felony of filing a false police report and faces three years in prison. A grand jury in Cook County provided the indictment late Wednesday after testimonies and evidence were given. Surveillance video from the store where the Osundairo brothers purchased the items used in the attack is available below.