Judge rejects motion to dismiss indictment against drug trafficker who allegedly killed a 19-year-old kid from San Diego who stole meth

The drug trafficker's attorney tried to argue that a key witness who could speak to her client's innocence was deported to Mexico nearly three years ago. A video of the murder is also said to exist.

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A federal judge rejected a motion to dismiss an indictment against Brian Alexis Patron Lopez, one of five drug traffickers charged with the 2020 kidnapping and murder of a 19-year-old San Diego resident who stole 2.5 pounds of meth from them.

Patron, who pleaded not guilty in June 2024 after his extradition to the U.S., is accused of pulling the trigger on the fatal gunshot wounds. As of now, he’s headed for a jury trial on March 10 and faces life in prison.

The four other defendants have already taken plea deals and are waiting for a sentencing hearing in early 2025.

In October, Patron’s attorney filed two motions: 1) to dismiss the 2022 indictment that added him as a defendant, and 2) to strike his post-arrest interview from evidence.

After a Nov. 18 hearing, District Court Judge William Q. Hayes rejected both motions in a ruling issued just before Thanksgiving.

A quick recap of events

Based on court documents:

• May 27, 2020 — San Diego resident Miguel Anthony Rendon, 19, was arrested for trying to cross into the U.S. at the San Ysidro Port of Entry with 0.36 pounds of fentanyl. He received a notice to appear in court.

• May 28, 2020 — Rendon met with one of the defendants to pick up meth and transport it into the U.S. He kept it for himself instead, then tried to get the defendants to believe that he had been arrested while crossing the border, where border agents confiscated the product. That excuse would have been acceptable. He tried to doctor his notice from May 27 by changing the date to May 28 in an effort to make his story believable.

• May 29, 2020 — His plan didn’t work. After figuring out his location, the traffickers kidnapped Rendon from the Motel El Parador in Tijuana. Surveillance footage showed him being dragged from the hotel’s garage into a car. His kidnappers began contacting his family for ransom money.

• May 30, 2020 — Rendon’s stepfather asked for a few hours to get the $2,000 to $3,000 that they wanted, but they killed Rendon that afternoon. Mexican authorities found his body days later.

Motion to dismiss the indictment

Patron’s attorney argued that there’s a key witness who could speak to Patron’s innocence, but he was deported to Mexico in 2022 and isn’t available to testify. She accuses the other witnesses in the case of lying about Patron’s involvement.

“Because the government’s intentional release and deportation of a material eyewitness has effectively prohibited Mr. Patron from receiving a fair trial and hampered his ability to present a complete defense, this Court should dismiss the indictment,” the motion read.

But Judge Hayes ruled that “Patron has failed to show that the Government acted in bad faith” by deporting the witness; he was deported before the charges were filed, therefore the government couldn’t have known his absence would be a factor.

Hayes also said Patron failed to meet a second benchmark of “showing that the testimony of the deported witnesses would have been material and favorable to his defense.” This particular witness had already been called in for questioning by the FBI about the murder, then indicated he would plead the Fifth if questioned further.

The judge added that the witness (who also happens to be the brother of one of the defendants) gave an inconsistent account of the events leading up to the murder and the people involved, based on the questions he did answer.

Motion to suppress

Patron’s attorney also wanted to “suppress his post-arrest statement” from June 14, 2024, at an FBI office in San Diego over allegations that agents coerced him into waiving his right to remain silent. Judge Hayes rejected that motion as well, ruling that there was no evidence of any impropriety.

U.S. attorneys said the motion was moot because they do not plan on using that interview anyway.

The video

U.S. attorneys have also been saying there’s a video that shows Patron pulling the trigger on the fatal gunshot wounds to the victim’s head. They hoped to find it through search warrants for Patron’s online accounts, including one issued Nov. 6 and another a couple weeks later.

But U.S. Attorney Tara McGrath wrote in a Dec. 9 court filing: “Despite efforts, the United States has not been able to acquire this video.”