Brianna Aguilera: Family's attorney says APD did not do thorough investigation in her death

AUSTIN, Texas - The attorney for the family of the Texas A&M student who was found dead on Saturday in West Campus is calling out the Austin Police Department. 

Tony Buzbee said APD did not do a thorough investigation into Brianna Aguilera’s death.

What they're saying:

"There is incompetence and laziness on the part of the detective, that's what I'm suggesting," Tony Buzbee, representing Aguilera’s parents, said.

Buzbee criticized the lead detective investigating Aguilera’s death. Aguilera was found dead on a sidewalk Saturday after falling from a high-rise apartment in West Campus after the University of Texas vs. Texas A&M football game.

Less than a week later, Austin Police held a press conference and gave a timeline of what happened on Friday into Saturday and how they said they concluded Aguilera died by suicide.

"She was not suicidal," Stephanie Rodriguez, Brianna Aguilera’s mother, said.

Rodriguez said she didn’t believe it the first time she was told by APD just hours after her daughter’s death.

"It's clear to me based on what this detective and the things that he said to Stephanie, it's clear to me that he had made a decision immediately about what his conclusion was and then went about trying to support it," Buzbee said.

Buzbee raised questions about the phone Aguilera used to call her boyfriend just minutes before the 911 call came in about a body found on the sidewalk.

"She borrowed somebody's phone. Where is that phone? Maybe she must have gone over the railing with it. She had to give it to somebody. No, no, she, according to him, she returned it to its owner before she was seen walking back out to the balcony," Buzbee said.

Buzbee claimed that person would have been right there when Aguilera went over the balcony. Buzbee also said APD didn’t investigate the balcony.

"We know how tall Brianna was. She was 5'2. The railing's 44 inches. You don't fall over it. There's no, there's no furniture on in the balcony. There's nothing to climb up on to jump off," Buzbee said.

Buzbee said this is an ongoing investigation and Austin Police doesn’t have the authority to determine the cause of death.

"Only the medical examiner has that authority," Buzbee said.

The other side:

Austin Police sent a statement to FOX 7 Austin's Meredith Aldis following Buzbee's statements:

"The Austin Police (APD) stands by the information that we provided yesterday during our news conference regarding the tragic death of Brianna Aguilera on Saturday, November 29, 2025. We would like to reiterate a couple key points. The Travis County Medical Examiner determines the cause and manner of death, and APD has never made a determination in this case. Our role is to conduct an investigation and follow the evidence. This investigation remains open, and at no point has APD stated otherwise.

"We understand emotions are extremely high and that Brianna’s passing has brought immense pain to her loved ones. We share in that sorrow. This is still an active and ongoing investigation. The misinformation that has been shared harms innocent people and jeopardizes the integrity of the investigative process. From the beginning, our priority has been and continues to be, to conduct a thorough, complete, and respectful investigation."

What's next:

The Medical Examiner has not made a determination yet because the autopsy is not complete. It could take 90 days.

Buzbee is calling on APD to have another investigator take on this case. If not, he said he will contact the Governor’s office and ask to have the Texas Rangers take over.