Family files a $1 million wrongful death suit as investigators face new questions about the Austin high-rise case.
AUSTIN, TX — A neighbor said she heard arguing and sudden screams the night Texas A&M student Brianna Marie Aguilera fell from a 17th-floor balcony near the University of Texas campus, an account revealed this week as her parents filed a wrongful death lawsuit over the 19-year-old’s Nov. 29 death.
Aguilera’s family and their attorney say the new witness account, combined with unanswered questions about the timeline and evidence, warrant a broader review of how police handled the case. Austin police initially said the death showed no signs of homicide, and at one point referenced a digital message they considered a suicide note. The family disputes that conclusion and is seeking civil damages from two Austin organizations they say overserved alcohol to Aguilera earlier that evening. The medical examiner’s formal rulings and full toxicology details had not been publicly released as of Tuesday. The Austin Police Department says the case remains open and has urged anyone with information to contact detectives.
The neighbor, identified as Dannah Rodriguez, lived across the hall from the 17th-floor unit at the 21 Rio apartments where Aguilera had been visiting friends. Rodriguez told reporters she and her visiting parents heard a loud argument late that night, followed by a sharp scream and then silence. She said no investigator interviewed her in the weeks after the fall. Her account surfaced alongside a civil filing by the family’s lawyer, Tony Buzbee, who said the new testimony raises fresh questions about what happened inside the apartment in the minutes before Aguilera went over the balcony. Police previously outlined a late-night timeline that included a brief phone call just before 12:45 a.m. and a 911 call minutes later. Aguilera was pronounced dead outside the building shortly before 1 a.m.
Buzbee’s lawsuit, filed in Travis County, names the Austin Blacks Rugby Club and the University of Texas Latin Economics and Business Association, alleging both groups illegally served alcohol to Aguilera, who was underage. The complaint seeks at least $1 million in damages and claims Aguilera became “grossly intoxicated” at a tailgate event earlier in the evening. The attorney said the civil case will allow subpoenas for records, event rosters and security footage, and depositions of people who saw Aguilera that night. Austin police have said there were no immediate indications of foul play at the scene. Officials also referenced statements suggesting Aguilera had previously discussed self-harm and that a message recovered from her phone resembled a suicide note. Aguilera’s mother has rejected that characterization and said her daughter was making plans for the spring semester.
Public records and prior briefings place the incident at 21 Rio, a high-rise in Austin’s West Campus area, about half a mile from the university. Police said officers found Aguilera with injuries consistent with a fall from a higher floor after a call around 12:46 a.m. on Nov. 29. She was pronounced dead at 12:56 a.m., according to earlier summaries. Witnesses told investigators Aguilera had been out with friends after a football-related event and later went to the 17th-floor apartment. Family representatives have questioned the handling of physical evidence inside the unit and whether all potential witnesses were canvassed. The apartment complex and the named organizations have not publicly detailed their internal reviews; a representative for the rugby club did not immediately respond to messages during prior coverage, and the student business group has not issued a statement.
The family’s attorneys say key questions remain unresolved. They want to know the exact sequence of movements inside the apartment, who was present when Aguilera went onto the balcony, whether alcohol service at the tailgate violated state law, and why a neighbor who reported hearing arguing was not initially interviewed. They also want clarity on digital evidence, including the provenance and timing of the message police cited, and a full accounting of phone records around the moments before the fall. Police said the inquiry is active and that final determinations about cause and manner of death will come from the Travis County Medical Examiner. As of this week, the family said they had not received the complete autopsy and toxicology reports.
Rodriguez, the neighbor, described the scream as the kind someone makes when they realize something terrible has just happened. “All of us heard loud screaming,” she said, adding that the noise stopped abruptly. Buzbee said the account contradicts portions of the preliminary timeline circulated after the incident and asked for the Texas Rangers to review the case. At earlier briefings, Austin Police Department leaders emphasized that detectives collected statements from people inside the apartment and recovered property, including Aguilera’s phone, from the 17th floor. Officials said they would not comment on specific witness statements while the investigation is ongoing.
In the weeks after the fall, Austin police said the death was not being investigated as a homicide and noted there were no immediate signs of suspicious circumstances. That position prompted protests from family members, who argued that decisions about intent should wait for the medical examiner’s findings and a fuller accounting of witnesses. The university communities in Austin and College Station held small gatherings in Aguilera’s memory, and friends described her as a motivated student with plans to return to classes. The civil filings this week shift the case into a new forum, where lawyers can seek records from private groups not subject to open-records rules and ask a judge to compel testimony from people who were at the tailgate or the apartment.
Next steps include the medical examiner’s final report, possible supplemental briefings by Austin police, and early scheduling in the civil case. Any preliminary hearing dates will be set by a Travis County judge after defendants are served. If investigators transfer the case or request assistance, state authorities could announce that separately. Buzbee said he plans to notice depositions of witnesses who interacted with Aguilera on Nov. 28 and Nov. 29 and request video from the apartment building’s common areas. Police said any further public updates would come after key lab results and evidence reviews. As of Tuesday evening, no criminal charges had been announced.
Outside the West Campus tower Tuesday, students filtered past the entrance where mourners left flowers in December. A resident who asked to be identified by first name said the building felt “quiet and nervous” the week after the fall. “You still see people look up at the balconies when they walk by,” said Miguel, a junior who lives two floors below the unit in question. On campus, a classmate who knew Aguilera from a student organization said she was “funny and driven” and that the new witness account left her “hoping someone figures out exactly what happened.”
As of late Tuesday, police still described the case as open and active, while the family’s lawsuit begins its path through civil court. The next expected milestone is the release of final autopsy and toxicology findings, which the family’s attorneys say they will review once provided.
Author note: Last updated January 6, 2026.