Jussie Smollett is under arrest and in custody of detectives, according to the Chicago Police Department's Chief Communications Officer Anthony Guglielmi.

On Wednesday (February 20), Smollett was officially named a suspect in the criminal investigation into his attack and he was charged with filing a false police report.

Shortly before the indictment was delivered, the lawyer for the brothers Ola and Abel Osundairo said her clients testified for more than two hours before a grand jury, and that they have received “no immunity and no plea deal,” because they are innocent.

Smollett claimed two men attacked him and shouted racist and homophobic slurs at him. Surveillance video has surfaced of the two brothers—who claim Smollett hired them to stage the attack—buying a red hat and ski masks, items Smollett had said were worn by his attackers.

Filing a false police report carries a felony charge. If the actor is found guilty, he could face up to three years in prison.