(CBS NEWS) – “Empire” actor Jussie Smollett is in custody to face charges of making a false police report when he said he was attacked in downtown Chicago late last month by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said.

Fellow police spokesperson Anthony Guglielmi said prosecutors charged Smollett with felony disorderly conduct, an offense that could bring one to three years in prison and force the actor to pay for the cost of the investigation into his report of a Jan. 29 beating.

The charges emerged on the same day that detectives and two brothers who were earlier deemed suspects testified before a grand jury. Smollett’s attorneys met with prosecutors and police, but it was unknown what they discussed or whether Smollett attended the meeting.

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