The Florida Fish and Wildlife Commission released its report on that accident Thursday and concluded from DNA evidence and damage to Fernandez’s body that the former Marlins ace was operating the boat. From the report (via the Herald):
“Fernandez operated [the boat] with his normal faculties impaired, in a reckless manner, at an extreme high rate of speed, in the darkness of the night, in an area with known navigational hazards such as rock jetties and channel markers.”
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The report listed the boat’s speed at 65.7 mph at the time of the crash, and stated that Fernandez could have been charged with boating under the influence manslaughter, vessel homicide and reckless or careless operation of a vessel – if he had survived. A toxicology report released in November concluded Fernandez, 24, was legally drunk and had used cocaine the night of the accident.
The other two passengers – 27-year-old Emilio Macias and 25-year-old Eduardo Rivero – also were killed when the boat hit some rocks off the coast of South Beach in Miami. The families of Macias and Rivero filed a wrongful death lawsuit against Fernandez’s estate in February.