today. reporter: and jussie smollett has gone from victim to suspect and he now faces a felony charge. a class 4 felony, disorderly conduct for filing a false police report. the empire actor of course claimed that he was attacked in the early hours of january 29th on a cold frigid morning here in chicago by two men who threw rayle shal aracial and homophobc slurs at him. two men were questioned and released. smollett s lawyers say that like any other citizen, mr. smollett enjoys the presumption innocence particularly when there has been an information like this one. and the fallout from this story