Newly released security video shows Rigoberto Badillo wandering alone after his midnight release from Kaufman County Jail in freezing temperatures.

KAUFMAN, Texas — Newly released security video shows the last known moments of a Farmers Branch man before he disappeared after being released from the Kaufman County Jail in January. His body was later found decomposing in a creek more than a month later, and now, his family is preparing to sue.

The footage shows Rigoberto Badillo, 49, picking up his belongings and walking out of the jail into subfreezing temperatures, wearing only a T-shirt. The video also captures him wandering around the parking lot without transportation and attempting to get into a deputy’s personal vehicle before disappearing into the night.

His body was discovered Sunday, around 12:30 p.m., in a creek near the 1900 block of East Highway 175, between the Kaufman County Sheriff’s Office and Numo Manufacturing. The creek is a stone’s throw from the jail’s entrance. Police confirmed that the clothing matched Badillo’s last appearance on Jan. 19, and he had a tattoo identifying him.

The Dallas County Medical Examiner’s Office later confirmed his identity, but the cause and manner of death remain undetermined, pending a full autopsy.

Badillo had been serving time for a probation violation related to a DWI and was expected to be released on Jan. 20. Instead, they say he was let out a day early, at midnight, without notification.

It’s unknown if the release date resulted from a miscommunication with the family or if Badillo was released early. 

Badillo’s wife, Juanita, said the family did not know about his release until sunrise when they arrived to pick him up—only to find he was already missing.

“It’s midnight and freezing cold,” she said. “I’m not asking for them to have paid for a ride for him. I’m not asking. They could have made one phone call.”

Security footage showed Badillo wandering the jail parking lot after his release. According to county records, at one point, he opened the back door of a deputy’s patrol vehicle while the deputy was inside eating lunch.

The deputy radioed dispatch about the encounter, noting, “The male opened his back door,” and added, “The male doesn’t seem all there.”

According to county documents, the deputy then asked for Badillo to be monitored, but only because he thought Badillo was attempting to break into cars.

“He was not all there, and the corporal verified that,” said Juanita Badillo. “That one phone call could have changed everything.” After nearly five weeks of searching, Badillo’s family made the gruesome discovery themselves before calling police. Badillo’s son, Eddie, described the heartbreaking moment:

“Seeing their father the way he was…it was pretty graphic,” he said.

His mother recalled her son’s panicked screams after finding the body.

“The screams of when he called me— ‘Mom, I found a body, I found a body, I found a body,'” she said. “And we couldn’t see a face because his face was gone.”

Badillo’s hands were still in his pockets, and his body had already begun decomposing.

The Kaufman County Sheriff’s Office is investigating how Badillo ended up in the creek. Once the autopsy report is complete, more details are expected.

Meanwhile, Badillo’s family has hired an attorney and is preparing to sue Kaufman County, arguing that his death was preventable. They have also requested that all records and footage related to his case be preserved.

WFAA contacted the Kaufman County Sheriff’s Office regarding the lawsuit but has not yet received a response.

The family has started a fundraiser to help cover funeral expenses—something they never expected they would need. You can donate by visiting the link here.

“He could have been sitting here with us,” Juanita Badillo said. “But instead, he’s in a morgue.”

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