Marlins pitching ace Jose Fernandez was at the controls of his speeding boat when it crashed into a rock jetty off the coast of Miami Beach last September, killing the 24-year-old All-Star and his two passengers, investigators have concluded.
The vessel was traveling at more than 65 mph and Fernandez was over the legal limit for alcohol and had evidence of cocaine in his system at the time of the Sept. 25 crash, according a report released Thursday by the Florida Fish and Wildlife Conservation Commission.
"Fernandez operated the [vessel] with his normal faculties impaired, in a reckless manner, in the darkness of night, in an area with known navigational hazards such as the rock jetties and channel markers," the 46-page report concluded.
"Fernandez's impairment and manner of operation caused the accident which resulted in his death and the death of his occupants, Eduardo Rivero and Emilio Macias."
Had he lived, Fernandez could have faced charges of manslaughter, boating while intoxicated, vessel homicide and reckless or careless operation, Conservation Commission investigators concluded.
Fernandez, along with Macias, 27, and Rivero, 25, died when the boat they were in slammed into the north jetty at Government Cut off Miami Beach.
The 32-foot center console SeaVee, called Kaught Looking, ended up overturned, on top of the jetty following the collision that happened just after 3 a.m.
Miami-Dade Fire Rescue divers found Fernandez's body submerged under the vessel, "pinned between the t-top and a boulder," the report said.
Macias was found near the bow of the boat, "submerged in a tidal pool adjacent the jetty's surface. Eduardo Rivero was found underwater on the north side of the jetty, west of [the vessel's] stern, his head and chest under a boulder."
All were pronounced dead at the scene at about 4 a.m.
Investigators used Fernandez's DNA found on the boat's steering wheel and throttle, as well as fingerprints from the steering wheel, to determine that he was the driver, the report said.
Prior to the crash the trio had been at a bar, American Social Bar & Kitchen, along the south bank of the Miami River, near Brickell Avenue in downtown Miami.
"A toxicology report determined alcohol and drugs were a factor in this case," the FWC report said.
The conclusion that Fernandez was driving the boat is contrary to an opinion expressed by Ralph Fernandez, a Tampa attorney and family friend who delivered the eulogy at the pitcher's funeral.
Ralph Fernandez, who is not related to Jose Fernandez, said the pitcher was on the phone at the time of the crash, with his head tucked in a place to avoid the wind.
"No matter what the report has concluded, nothing will ever diminish Jose's everlasting positive connection with Miami and the Miami Marlins," said Marlins team president David Samson in a statement. "Nor can it lessen the love and passion he felt for his family, friends, teammates and all his fans in South Florida and around the world."
A copy of the FWC report was provided to lawyers representing the families prior to its release.
"We want to emphasize that this accident was a tragedy for all concerned," said a statement from Christopher Royer, an attorney with the law firm of Krupnick Campbell, which represents the survivors of Macias and Rivero. "Though fault has been determined officially, the families of Emilio and Eduardo are not vindictive and simply hope that an amicable settlement of the lawsuit can be reached between the parties as swiftly as possible so as not to prolong the final closure for the many people who have been impacted.
"The Rivero and Macias families have also lost their sons in the prime of their lives. Whatever happens, there are no winners in this matter, simply losses _ those of the lives of three fine young men."
In February the parents of Macias and Rivero announced they would file negligence and personal injury lawsuits in Miami against Fernandez's estate, each seeking $2 million.
The lawsuits set the stage for a long-term battle over Fernandez's estate, which had more potential value than actual assets at the time of his death.
The death of the Cuban-born Fernandez rocked the baseball world and South Florida's Cuban community, where he was especially beloved. He survived a raft voyage to get to the United States and his charisma and enthusiasm for baseball and life made him a fitting representative of a talented hard-worker living the American Dream.
Just days before his tragic death, Fernandez publicly announced that he and his girlfriend, Maria Arias, were expecting a child. The baby, Penelope, was born Feb. 24. Her birth paves the way to begin the process to have her legally recognized as the late All-Star's heir, said Ralph Fernandez, the attorney representing the family.
Arias and Fernandez's mother, Maritza Fernandez, were formally appointed representatives of his estate during a court hearing Wednesday.
Interviewed by FWC investigators, Maritza Fernandez said her son was an experienced boater and familiar with Biscayne Bay, where he would sometimes go after baseball games. She said Jose always drove the boat.
During that same interview, Ralph Fernandez, the attorney, told investigators that he knew Jose "could 'throw em down' and he would not be surprised if he was a .2 something,' referring to the blood alcohol content.
"He described Fernandez as controlling and a 'hothead' but very persuasive and exuberant; he gave an example of Fernandez being able to convince someone to do something even if they had never done so before, just so they could be close to him or be his friend," the report said.
The chain of events leading to the fatal crash began the day before when Fernandez invited several teammates to hang out after the team beat the Atlanta Braves late Saturday night.
"He invited everybody," Marlins outfielder Marcell Ozuna, one of the pitcher's closest friends on the team, told the Sun Sentinel.
"He told me let's go on the boat for a little bit and then go home. I said, 'Hey [Sunday] is an early game, I'm going to play,' " Ozuna said. "He said, 'Just a little bit, we'll drink and come back.' I said no."
According to the FWC report, Fernandez headed out alone on the Kaught Looking from the Cocoplum Yacht Club at 11:37 p.m. on Sept. 24. He picked up Rivero at Museum Park, in the 900 block of Biscayne Boulevard, at 12:22 a.m. The two motored to American Social, where they met Macias, who lived nearby.
The trio spent an hour and 45 minutes at the bar, where Fernandez bought two bottles of Don Julio tequila and three other drinks, the FWC found. Macias bought three vodka drinks.
At 2:58 a.m. on Sept. 25 the three left the bar on the boat, went up the Miami River through Government Cut and motored a half mile offshore before turning around and heading back toward land "at a high rate of speed," investigators found.
The boat rammed into the jetty at 3:02 a.m., just 20 minutes after the three men left the bar.
In the heavily-damaged boat, investigators were able to determine that the throttles were in "the forward, full throttle position."
From the wreckage, on the bodies and in the water, investigators recovered wallets, car keys, gold chains and Fernandez's Major League Baseball ID card.
Days after the crash, Rivero's girlfriend, Jennifer Peralta, told authorities that she and Rivero had once been on a small boat in Mexico and that he was "petrified."
She also provided investigators with text messages between her and Rivero shorty before the crash. "In these messages, Rivero discusses the 'emergency' need to be with Fernandez," the report said.
"Rivero also sent a screen shot of a text message conversation between Rivero and Maria Arias, Fernandez's girlfriend, in which Arias states Fernandez 'has been drinking and is not in the best state of mind.'
"Arias apologizes to Rivero for being put into the situation and asks him to take care of Fernandez," the report says of the texts.
Macias and Rivero were graduates of G. Holmes Braddock High School in Miami-Dade County.
Will Bernal told the Sun Sentinel his friend Rivero, known as Eddy, who worked in sales for Carnival Cruise Lines, had just met Fernandez about a month earlier through their girlfriends, who were friends. Bernal said Macias met Fernandez the night of the crash, when the boat docked at American Social. The bar is on the ground floor of the high-rise where Macias lived, Bernal said.
In an exchange of texts with Rivero before and after midnight, Bernal told his friend, "Pls be careful."
"I will bro," Rivero said.
