Buzbee claims in the lawsuit that Brianna — a minor — was overserved on the day she died.
HOUSTON — We have a big update in the death of Texas A&M student Brianna Aguilera. Brianna died after falling from the 17th floor of an Austin apartment after tailgating for the Texas A&M-Texas football game in November.
At a news conference Tuesday afternoon, Houston attorney Tony Buzbee announced he’s representing Brianna’s parents, Stephanie Rodriguez and Manuel Aguilera, in a lawsuit against Austin Blacks Rugby and UT Latin Economics and Business Association.
The allegations in the lawsuit are that Brianna – a minor — was overserved while tailgating. Buzbee said other minors were also overserved.
We’ve reached out to both Austin Blacks Rugby and UT Latin Economics and Business Association for comment. As soon as we hear back, we’ll let you know.
“By filing this lawsuit, not only will we hold accountable an entity or entities that were involved in overserving Brianna and other minors, but we will also be able to subpoena individuals and documents and video and data so we can continue our investigation,” Buzbee said. “We will be able to compel witnesses so we can question them whether they want to or not.”
At the news conference, Buzbee also said again that the Austin Police Department’s investigation was lacking, and had a witness who said she was nearby and heard what was happening in the unit Brianna was in, yet was never asked by Austin Police for a statement or interview. We’re also reaching out to the Austin Police Department for comment.
This is a developing story. We’ll post updates as we get them.
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Below is earlier reporting on Brianna Aguilera’s death.
Family has pushed back on police conclusions
On Dec. 19, Aguilera’s mother, Stephanie Rodriguez, publicly called for a new investigation and a second autopsy, saying she does not believe her daughter took her own life.
“She was not suicidal,” Rodriguez said during a news conference alongside Buzbee.
She said she rejected police statements suggesting the evidence points to suicide.
“My daughter was not suicidal,” Rodriguez said. “I know my daughter better than anyone. We spoke every day. I cannot deal with you jumping to conclusions and not performing an actual investigation.”
Austin police have said the 19-year-old fell to her death from the balcony of a 17th-floor apartment, and that evidence points to suicide. Rodriguez has said she does not accept that conclusion.
Rodriguez has also said she wants a second autopsy conducted. As of that time, there were still no autopsy results from the Travis County Medical Examiner, and she also called for a new lead detective to be assigned.
Attorney accuses APD of rushing to judgment
At a Dec. 5 news conference, Buzbee sharply criticized the department’s handling of the case.
“Am I suggesting that there’s some kind of conspiracy?” Buzbee said. “No, I’m suggesting they’re lazy.”
Buzbee said he wanted the Texas Rangers to investigate.
Police have said the case remains an active death investigation, but not a homicide investigation, and that the lead investigator has not changed. As of mid-December, the Texas Rangers had not received a request to investigate the case.
Police timeline previously released
Austin police have said officers responded at 12:46 a.m. on Saturday, Nov. 29, to a call about a deceased person at 2101 Rio Grande Street. Aguilera was pronounced dead at 12:56 a.m., with trauma consistent with a fall from a height. A witness reported hearing a “thud” moments before finding her.
Police said surveillance video showed Aguilera arriving just after 11 p.m. on Nov. 28 and entering a 17th-floor apartment where friends had gathered. A large group left the unit around 12:30 a.m., leaving Aguilera and three other girls inside.
Investigators said Aguilera had been tailgating earlier in the day, where witnesses reported she became intoxicated and lost her phone. After returning to the apartment, police said she borrowed a friend’s phone around 12:43–12:44 a.m. to call an out-of-town boyfriend. Witnesses reported hearing an argument, and police said the call lasted about one minute.
Family disputes police findings
Police have said the evidence “does not point to criminal activity” and that investigators believe Aguilera took her own life. Police also said a deleted digital suicide note was recovered from her phone and written days before her death.
“From the moment this call originated… at no time did any evidence point to this being anything of a criminal nature,” APD Detective Robert Marshall said during a media briefing.
The family has rejected that conclusion. Buzbee has called the circumstances “very suspicious” and said investigators formed conclusions before completing basic steps, including receiving autopsy and toxicology results.
APD says investigation remains open
After Buzbee’s news conference, Austin police issued a statement emphasizing that the case is still active.
“The Travis County Medical Examiner determines the cause and manner of death, and APD has never made a determination in this case,” the department said, adding that “this investigation remains open.”
Police also warned that misinformation could harm innocent people and compromise the investigation.
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