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Lawyer: Jose Fernandez wasn't driving boat in deadly 2016 crash

Steve Mitchell / USA TODAY Sports

A lawyer representing the estate of Jose Fernandez claims the late Miami Marlins pitcher wasn't driving his boat during the deadly crash that killed him and two others in 2016 - which runs contrary to the official findings of the post-crash investigation.

Attorney Ralph Fernandez (no relation to Jose) filed a response to a wrongful-death lawsuit against his client that claimed investigators from the Florida Fish and Wildlife Commission made it seem like the former All-Star right-hander was at the wheel when his boat crashed into a jetty in the early hours of Sept. 25, 2016.

Ralph Fernandez wrote in the response that investigators "intentionally failed to consider any evidence provided to them that Jose Fernandez and Eduardo Rivero were the victims of foul play," per Andy Slater of SlaterScoops.com

Fernandez also wrote that "the law enforcement investigation that led to the incident report and the conclusions reached therein was fraught with false statements of fact, implicated practically unheard of destruction of evidence and included references to evidence that never existed," according to Tim Swift of ABC 10 Miami.

In the immediate aftermath of the crash, investigators stated that Jose Fernandez was at the wheel during the incident while drunk and high on cocaine.

The families of Rivero and Emilio Macias - who were also killed in the crash - are both seeking $2 million in damages from Fernandez's estate, per Swift.

A plaque bearing Fernandez's No. 16 was unveiled at Marlins Park before the season began.

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