Brianna Aguilera: Neighbor statement refutes some of APD's timeline, family attorney says

HOUSTON - The attorneys for the parents of Texas A&M student Brianna Aguilera gave an update on their investigation into the teen's fatal fall.

Lead counsel Tony Buzbee also announced a lawsuit against two organizations that allegedly served her alcohol at a tailgate party hours before her death.

Neighbor statement

What they're saying:

Part of the update was a statement by Dana Rodriguez, a neighbor who lived across the hall from the apartment where Aguilera fell from and was there that night with her mother and father.

Buzbee says he believes Rodriguez's statement refutes what Austin police have previously shared about the events of that night.

She said she figured her neighbor, who was Aguilera's friend, would be throwing a party that night due to the Texas vs Texas A&M football game.

She said she heard people entering the apartment at around 11 p.m. and loud music began to play. It was loud enough that her boyfriend, who was on FaceTime with her, could hear it.

Around midnight, she attempted to take her dog out for a walk, but the dog refused to go, which she noted was unusual. Her mom was able to get the dog out, then returned at 12:15 a.m.

At around 12:30 a.m., she said she woke up to people yelling and arguing, then heard the sound of a large group of people leaving the other apartment and the loud music was turned off. 

She said a few minutes later, she began hearing a girl's voice arguing with other people and what sounded like multiple people in the apartment pacing back and forth from the door.

Shortly after this, she said she and her mom heard loud screaming, "the kind of screaming someone makes when you accidentally drop something." Her father also reportedly said he thought the arguing was coming from their balcony as it sounded like the voices were coming from outside.

"Eventually the loud noises and arguments, screaming stopped. I could still hear conversations going on in [the] apartment," she said. 

Rodriguez also reported that the neighbor "immediately vacated" her apartment after Aguilera's death.

"I do not believe the police were ever in [the] apartment during this investigation," she said. "My parents would have notified me. I would have known, that's how much I can hear the footsteps and everything from my apartment. The walls are just so thin."

Rodriguez shared that APD has not interviewed or requested a statement from her or her parents.

"The only thing I have received from the Austin Police Department is a generic email sent to all residents of the 21 Rio apartment complex," she said.

Criticisms of APD's investigation

What they're saying:

Buzbee also alleged that the Austin Police Department told witnesses from that night, including the three who lived in the apartment she fell from, to not speak to his investigators or to Brianna's mother.

"Why would they do that?" he asked. "What reason could there be for the police department in Austin to instruct the people that were with Brianna at or around the time she died to not speak to Brianna's mother?"

He questioned why police would do this if they had already determined Aguilera's death was a suicide.

$1 million lawsuit filed

Dig deeper:

Buzbee announced that they have filed a $1 million suit in Travis County against the Austin Blacks Rugby Club and the UT Economics and Business Association, alleging wrongful death and gross negligence.

The lawsuit alleges the organizations hosted the tailgate party where Aguilera was overserved alcohol along with other minors in violation of the Texas Alcoholic Beverage Code.

"It is illegal to serve minors any amount of alcohol in the State of Texas. It is reckless and irresponsible to grossly over-serve a group of minors at a University of Texas football tailgate to the point where those minors lose their physical faculties and ability to control themselves," the lawsuit reads. 

The suit alleges that the "egregious over-serving of minors" ultimately led to Aguilera's death and that over several hours, witnesses described Brianna's behavior "shifting from upbeat to disoriented and ultimately grossly intoxicated."

The lawsuit was also filed to help support the investigation into what happened that night, offering new avenues for the law firm to access phone and text records, documents and data, as well as compel witnesses to speak, said Buzbee at the press conference.

The suit requests a jury trial as well.

Read the complaint below:

What happened to Brianna Aguilera?

The backstory:

19-year-old Brianna Aguilera of Laredo was found unresponsive around 12:47 a.m. on Nov. 29 outside the 21 Rio Apartments near the University of Texas at Austin, according to APD.

She had fallen 17 stories from the apartment complex and was pronounced dead at the scene about 10 minutes later.

Aguilera has been in Austin for the Texas vs Texas A&M football game.

APD's timeline of events

Timeline:

Investigators said in a December press conference, Aguilera attended a tailgate at the Austin Rugby Club between 4 p.m. and 10 p.m. on November 28 where she became intoxicated, dropped her phone and walked into a wooded area where the phone was later found.

"[Aguilera] became intoxicated to a point that she was asked to leave the same tailgate," Det. Marshall said. "Witnesses stated that after Brianna was asked to leave the tailgate, she had repeatedly dropped her phone and staggered into a nearby wooded area where her phone and other items were later located by Austin police."

Just after 11 p.m., Aguilera arrived at the 21 Rio Apartments and entered a 17th floor unit with friends. She was supposed to be staying there that night.

READ MORE

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• Family of Brianna Aguilera retains Tony Buzbee, disputes ruling in student's death
• Brianna Aguilera: Austin police say no evidence of anything criminal as family retains Tony Buzbee
• Brianna Aguilera's death at Austin apartment not being investigated as homicide: APD

Police say most of the group left at 12:30 a.m. leaving Brianna and three others inside.

About 13 minutes later, at 12:43 a.m., Aguilera used a friend's phone and reportedly argued with her boyfriend. This was confirmed by phones, police say.

"Brianna borrowed a phone of a friend to call an out-of-town boyfriend. Witnesses heard Brianna arguing on the phone with her boyfriend, which was also confirmed later by the boyfriend," Det. Marshall said.

Minutes later, officers responded to a call reporting a woman found on the ground. The woman was identified as Aguilera, and she was pronounced dead at just before 1 a.m.

"Did anyone watch her go over the balcony?" FOX 7 Crime Watch reporter Meredith Aldis asked.

"No ma’am," Det. Marshall responded.

Nearly 12 hours later, the friends in the apartment called 911 to report Aguilera missing.

"They assumed that because so many friends from their hometown were here in Austin staying at different locations, they had assumed she had probably just gone back out with another friend group that was in the immediate area and no just nobody had any idea," Det. Marshall said.

Aguilera’s mother had also called looking for Aguilera at around the same time. A few hours later, police connected the dots and notified Rodriguez of her daughter’s death.

If you or someone you know needs help

APD says after looking at Aguilera's phone they found previous suicidal comments and a deleted suicide note. They said that nothing in their investigation showed any signs of anything criminal.

"A further review of Brianna's phone shows a deleted digital suicide note dated Tuesday, Nov. 25, 2025, which was written to specific people in her life," Det. Marshall said.

Police said they also learned Aguilera had expressed suicidal thoughts to friends the previous month as well as sending a text the night of her death.

Officials remind the public that anyone in crisis can call or text 9-8-8 for help or call Integral Care's 24-hour help line at (512) 472-4357.

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