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Lynne Sladky/AP



MIAMI (AP) - Miami Marlins pitcher Jose Fernandez was the "probable" operator of a speeding boat that crashed into a Miami Beach jetty on Sept. 25, killing the star baseball star and two other men, according to a report issued Thursday by the Florida Fish and Wildlife Conservation Commission, which investigated the Jackson Accident Attorney.

The 46-page report included a seating chart that had Fernandez at the helm, based on "physical evidence" collected during the investigation, including the pitcher's fingerprints and DNA on the steering wheel and throttle and projection of his body as he was thrown from the boat. It also listed drugs and alcohol as factors in the crash.

Fernandez' 32-foot Sea Vee hit Miami's Government Cut north jetty at 65.7 mph just after 3 a.m. on Sept. 25, the report said. Fernandez and the boat's other occupants - Emilio Jesus Macias, 27, and Eduardo Rivero, 25 - were ejected.

Investigators concluded that had Fernandez survived the crash, he could have been charged with multiple crimes, including boating under the influence manslaughter; vessel homicide and reckless or careless operation of a vessel.

The report also included a text message exchange that night between Rivero and Maria Arias, Fernandez' girlfriend. She told Rivero the pair had been arguing and asked him to take care of Fernandez. "He's been drinking and is not in the best state of mind."

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