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Jose Fernandez

Jose Fernandez, friends had 'strong odor of alcohol' when bodies were found

A.J. Perez
USA TODAY Sports

The bodies of Miami Marlins pitcher Jose Fernandez and two friends killed in a boating accident last month had the strong odor of an alcoholic beverage, according to an affidavit obtained by USA TODAY Sports on Wednesday.

Miami Marlins starting pitcher Jose Fernandez during an August 29 game against the New York Mets, nearly one month before he died in a tragic boating accident.

An associated medical examiner told investigators that the bodies of Fernandez, Emilio Jesus Macias, 27, and Eduardo Rivero, 25, recovered had a "strong odor of alcohol emanating from them" when recovered by divers off Miami's South Beach, according to the search warrant affidavit released by the Miami-Dade state attorney’s office. Eleventh Judicial Circuit of Florida judge Martin Zilber approved a warrant to search the vessel, which careened into a jetty in the early morning hours of Sept. 25.

The Florida Fish and Wildlife Conservation Commission, the agency investigating the accident, sought the warrant to determine if two state statutes were violated: boating under the influence that resulted in a homicide and vessel homicide.

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Zilber, citing the information provided by a Florida Fish and Wildlife Conservation Commission official, wrote "the collision scene is consistent with a high speed collision at a location and at a time such speed was reckless because of the jetty and darkness.

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"“This recklessness was exacerbated by the consumption of alcohol by the operator, whoever that was."

The toxicology and autopsy reports have not been released, but Zilber wrote that Fernandez and the two men died with water in their lungs and suffered blunt force injuries consistent with a boating collision.

The three were at a bar where alcohol was served shortly before the accident took place, and a receipt for alcohol purchased at the bar was found in one of their pockets, according to the affidavit.

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