The family of a Texas A&M student who fell 17 stories from an apartment balcony has filed a $1 million lawsuit, alleging Brianna Marie Aguilera was illegally overserved alcohol at a football game just hours before her death – and that police mishandled the investigation that followed.
Houston attorney Tony Buzbee announced Monday that Aguilera's parents, Stephanie Rodriguez and Manuel Aguilera, have filed suit in Travis County against the Austin Blacks Rugby Club and the UT Latin Economics and Business Association, accusing both groups of negligence and gross negligence in the 19-year-old’s death.
Aguilera fell in the early morning hours of November 29, 2025, from a 17th-floor balcony at the 21 Rio Apartments near the University of Texas campus in Austin.
Hours earlier, Aguilera had attended the tailgate party before the Lone Star Showdown football game between Texas and Texas A&M, the lawsuit claimed, which notes that Aguilera was under 21 and overserved alcohol at the tailgate.
Austin police announced at a December 4 press conference that Aguilera had died by suicide. But since her death, her family has publicly disputed APD’s findings.
Police constructed a preliminary timeline placing Aguilera at a tailgate event earlier in the day and previously claimed she arrived between 4 and 5 p.m. But her parents alleged in their lawsuit that she arrived at the tailgate at approximately 6 p.m. The lawsuit further alleges she was served alcohol despite being underage.
“As Brianna consumed more alcohol, witnesses described her behavior shifting from upbeat to disoriented and ultimately grossly intoxicated,” the lawsuit alleges.
“Brianna began to stumble at the tailgate and lose physical faculties...witnesses had to assist Brianna with walking and standing at times.”
While police claim they conducted interviews with friends who lived in the apartment building she fell from, one resident who lived across the hall claims she’s never been interviewed, according to the lawsuit.
“I do not believe the police were ever in [the] apartment during this investigation,” said Dannah Rodriguez, who also spoke at the news conference. She said she heard ongoing fighting and “screaming” around 12:30 a.m., just minutes before Aguilera’s fall.
Rodriguez said her only contact with APD was a generic message sent to all residents of the apartment complex.
The lawsuit is seeking damages of at least $1 million, along with “pre-judgement and post-judgement interests, costs, punitive damages and all other and further relief to which the plaintiffs may show themselves justly entitled.”
In the lawsuit, Buzbee also pointed to discrepancies between what investigators told him and what APD publicly stated, including claims that a “deleted suicide note” referenced by police was not a suicide note at all. He further challenged the timeline investigators provided, particularly regarding a phone call Aguilera reportedly made shortly before her death.
Buzbee said the civil suit will allow his firm to obtain evidence it has been unable to access without subpoena power. He reiterated accusations that APD prematurely characterized Aguilera’s death as a suicide before the Travis County Medical Examiner’s Office reached any conclusion.
“Notice how I didn’t suggest what happened because I don’t know. I am starting to get a sneaking suspicion,” Buzbee said at a December press conference.
Buzbee said his team interviewed witnesses and pursued leads he claims police did not. He noted that, at the time of the press conference, Aguilera’s autopsy results, toxicology report and a rape kit were still pending.
Aguilera’s family has repeatedly rejected the suggestion that her death was accidental or intentional, accusing police of failing to preserve the scene and thoroughly interview witnesses.
In a social media post, her mother, Stephanie Rodriguez, said her daughter would never jump from such a height.
“My daughter loved life and was excited to graduate and pursue her career in Law,” Rodriguez wrote, calling the idea of suicide “insane” and accusing police of failing to investigate properly.
Aguilera’s cousin, Bell Fernandez, also raised concerns online, alleging Aguilera’s phone and keys were returned to non-family members, the apartment was not searched and no one present was formally interrogated.
“My cousin would never do this. She was terribly afraid of heights,” Fernandez wrote on Facebook. “She was ready to celebrate the holidays, see her mother for Christmas, her two little brothers, was making plans one whole year ahead for her graduation and AGGIE ring.”
