FBI Director Kash Patel was dining at an upscale Manhattan restaurant the evening conservative activist Charlie Kirk was fatally shot in Utah, and issued public statements about a suspect being in custody before that claim was walked back, according to multiple accounts and law enforcement sources. The bureau’s initial missteps in identifying and detaining suspects prompted criticism from lawmakers and others and intensified scrutiny of Patel’s management of the investigation.
Patel posted on X at 6:21 p.m. on the night of the shooting thanking "local and state authorities in Utah for your partnership with the FBI" and saying the "subject" in the case was in custody, according to a copy of the post reported by media outlets. A follow-up post at 7:59 p.m. said the subject had been released after an interrogation by law enforcement. Two sources familiar with Patel’s movements told NBC News that he was at Rao’s, the exclusive Italian restaurant in Manhattan, that evening.
In the chaotic hours after the assassination at Utah Valley University, authorities briefly detained at least two people who were later released. Video from the scene showed officers handcuffing 71-year-old George Zinn; investigators subsequently said Zinn was not the shooter. Federal agents later escorted a man identified by local reporting as Jason Christopher Hartley from his home, questioned him and released him without charge, according to the Daily Mail and other outlets. Officials described a rapid series of investigative leads and false starts before an arrest was announced.
On Thursday night, authorities announced the arrest of 22-year-old Tyler Robinson of Washington, Utah, a former Utah State University student, after family members provided a tip. Utah Gov. Spencer Cox released video footage of a person fleeing the scene as part of a briefing on the investigation. Patel traveled to Utah for the briefing but did not take questions from reporters, according to media accounts.
The sequence of premature public statements and the multiple erroneous detentions drew criticism from lawmakers and figures across the political spectrum. Sen. Dick Durbin, the top Democrat on the Senate Judiciary Committee, told HuffPost that the public handling of the case showed a departure from traditional bureau practice of withholding comment until facts are confirmed, calling the behavior "amateur hour," according to HuffPost. Conservative activist Chris Rufo wrote on X that Patel "performed terribly" and questioned whether he had the operational expertise to lead certain investigations. Former Trump adviser Steve Bannon questioned Patel’s decision to travel to Utah and then not speak at the briefing, saying he did not understand the purpose of the trip, according to The Hill.
Patel convened a conference call with more than 200 FBI personnel the morning after the shooting, according to The New York Times. Participants told the Times that the call included profanity-laced criticism of what Patel called "Mickey Mouse operations," and that he scolded agents for failing to provide timely updates and for other perceived mistakes. The Times also reported that Patel blamed Salt Lake City agents for not showing him a photo of a suspected killer for 12 hours; that field office’s leadership has recently been the subject of personnel changes that Patel ordered weeks earlier, according to reporting.
The postshooting confusion comes amid broader controversy surrounding Patel’s tenure. A lawsuit filed by three former FBI agents accuses the FBI, the Department of Justice, the White House and senior officials — including Patel — of targeting employees who refused to carry out politically charged directives. The suit alleges that Patel and his deputy, Dan Bongino, sought to pressure agents to fire colleagues and compile lists of people involved in Trump-related investigations, and that they emphasized social media promotion of FBI work. The Independent and other outlets reported on those allegations.
The FBI issued a statement to NBC News saying it had worked with "our law enforcement partners in Utah to bring to justice the individual allegedly responsible for the horrific murder of Charlie Kirk, and we will continue to be transparent with the American people with real time updates as we are able." The statement did not address Patel’s reported location the night of the killing.
Investigators have described the Kirk killing as a high-profile, rapidly evolving case with multiple leads and intense public attention. Law enforcement officials stressed the complexity of such probes and the need to confirm investigative steps before public disclosure. The episode has raised questions in Congress and among local law enforcement partners about information flow within the FBI and between federal and state agencies during major investigations.
As the criminal case proceeds, officials in Utah said they will continue to pursue evidence and coordinate with federal partners. The arrest of Robinson followed tips from family members and an intensive field effort, authorities said. The FBI and local authorities have not released additional details about the evidence underpinning the arrest beyond the footage Gov. Cox presented at the briefing.