Stephanie Rodriguez Lawsuit Over Brianna Aguilera’s Death

Stephanie Rodriguez, the mother of 19-year-old Texas A&M sophomore Brianna Aguilera, filed a wrongful death lawsuit in January 2026 against two nonprofits she blames for her daughter’s death, alleging they illegally served alcohol to her underage daughter at an Austin tailgate hours before Brianna fell from a 17th-floor balcony. Rodriguez filed the suit with Brianna’s father, Manuel Aguilera, and is represented by Houston attorney Tony Buzbee.¹

Who the Family Is Suing

The lawsuit was filed on January 5, 2026, in the 250th Judicial District Court of Travis County, Texas, as case number D-1-GN-26-000052. The defendants are the Austin Blacks Rugby Club, which owns the East Austin facility where the tailgate took place, and the UT Latin Economics and Business Association (UTLEBA), a registered student organization at UT Austin’s McCombs School of Business that the complaint says hosted the party and controlled who was serving alcohol.¹²

As of early 2026, neither organization had publicly responded to the allegations.³

The Legal Claims

The complaint alleges the defendants served Brianna alcohol knowing she was 19, and continued to serve her after she became “noticeably intoxicated,” stumbling and having difficulty standing. It cites three provisions of the Texas Alcoholic Beverage Code: Section 106.03 (serving a minor), Section 101.63 (serving a visibly intoxicated person), and Section 2.02(b), the basis of Texas dram shop liability.²

The suit also claims UTLEBA failed to provide reasonable training on alcohol service and instead adopted policies that encouraged “excessive and unsafe serving” of drinks. Both organizations face claims of negligence and gross negligence.²

What the Lawsuit Seeks

The plaintiffs seek at least $1 million in damages for grief, mental anguish, and pre-death pain and suffering, along with punitive damages. Because the alleged conduct involves violations of Texas criminal statutes, the complaint argues the usual statutory caps on punitive damages should not apply. The case requests a jury trial.²⁴

At a January 6, 2026, press conference, Buzbee described the lawsuit as serving two purposes. One is holding the organizations accountable for serving minors. The other is obtaining the civil discovery tools, including subpoenas for documents, phone records, video, and witness testimony, that the family wants to use to investigate the circumstances of Brianna’s death.⁵

What Happened the Night Brianna Died

Brianna, a sophomore from Laredo, traveled to Austin on November 28, 2025, for the UT–Texas A&M football rivalry. That evening she attended a tailgate hosted by UTLEBA in a parking lot at the Austin Blacks Rugby Club. According to police and witness accounts, she became heavily intoxicated and was eventually asked to leave.⁶

Shortly after 11:00 p.m. she arrived at the 21 Rio Apartments in West Campus and went up to a 17th-floor unit with a group of people. By about 12:30 a.m. on November 29, most of the group had left and three other women remained with her. At roughly 12:43 a.m., she had a phone argument with her boyfriend. A 911 call reporting a body on the ground came in around 12:46 a.m., and she was pronounced dead minutes later.⁷

A toxicology report completed in January 2026 found Brianna’s blood alcohol level was between 0.15% and 0.23%, with traces of Delta-8 cannabinoids.⁸

The Suicide Finding the Family Rejects

Austin police concluded early on that the death appeared to be a suicide. Lead homicide investigator Robert Marshall cited a deleted note on Brianna’s phone dated November 25, prior suicidal comments she had made to friends in October, and a text message to a friend the night of her death. APD also said surveillance video and witness statements showed no evidence of criminal activity.⁶

On February 13, 2026, the Travis County Medical Examiner’s Office formally ruled the death a suicide, citing blunt trauma from a fall of 169 feet. The autopsy, performed the day after Brianna’s death, found the manner “consistent with suicide” based on the balcony railing height, Brianna’s height, and the absence of evidence that another person was involved.⁸

Rodriguez has rejected that conclusion. “My daughter was not suicidal. I know my daughter better than everyone,” she said.⁹¹⁰¹¹

The Neighbor Witness

At the January 6 press conference, Buzbee introduced Dannah Rodriguez (no relation to Stephanie), a UT junior who lived directly across the hall from the 17th-floor apartment. She told reporters she heard “loud screaming” and arguing in the moments before the fall. Her parents, who were visiting that weekend, backed up the account, with her father saying the sounds of arguing seemed to come from the balcony area.¹²

Dannah Rodriguez also said that as of January 2026, APD had never interviewed her or requested a statement, and that the woman who had lived in the apartment where Brianna fell moved out immediately afterward, with her parents clearing the unit over Christmas break.¹² Buzbee alleged that APD had told three people who were inside the apartment when Brianna fell not to speak with the family or their lawyers.⁵

Where the Case Stands

As of mid-2026, no court rulings, motions, settlement discussions, or trial dates have been reported. APD has said its investigation into Brianna’s death remains “open and ongoing” even after the medical examiner’s suicide ruling.³

Buzbee has said the family will use civil discovery to run its own inquiry: “We will do what the police and other authorities have failed to do. We will perform a complete and thorough investigation and get the answers that Brianna and her family deserves.”¹¹

1
Texas Legislative Reference Library. A&M Students Family Sues Organizations After Her Death
2
Courthouse News Service. Brianna Aguilera UT Death Complaint
3
Houston Public Media. Brianna Aguilera Death Tony Buzbee Austin Orgs Alcohol
4
Court TV. Lawsuit Blames Two Nonprofits for Texas College Students Death
5
KSAT. Lawsuit Brianna Aguileras Parents Claim Underage Alcohol Service at Austin Tailgate Contributed to Daughters Death
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Houston Public Media. Texas A&M Student Death Brianna Aguilera Tony Buzbee Austin Police
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KBTX. Austin Police Reveal New Evidence Surrounding Death of Texas A&M Sophomore
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KXAN. Texas A&M Student Brianna Aguilera Death Was Suicide Medical Examiners Report Says
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San Antonio Express-News. Brianna Aguilera Independent Autopsy Family
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Houston Public Media. Tony Buzbee Contradicts Austin Police Calls on Texas Rangers to Investigate Death of Brianna Aguilera
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KGNS. Attorney Tony Buzbee Releases Statement Travis County Medical Examiner Report Brianna Aguilera
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KBTX. Brianna Aguileras Parents Family Lawyer Host Second Press Conference Give Update Investigation