José Fernandez's lawyer suggests foul play possible in fatal boating crash

The lawyer for former Miami Marlins star pitcher José Fernandez believes police have performed a “miscarriage of justice” while investigating the deadly boat crash that killed Fernandez and two other men.

The families of the two other men killed filed negligence and personal injury lawsuits seeking $2 million against Fernandez’s estate. Investigators determined Fernandez had alcohol and cocaine in his system at the time of the crash, and that he had been the one driving, making him responsible.

Fernandez’s lawyer, Ralph Fernandez, is arguing those claims are false. In a 167-page response, Ralph Fernandez — who has no relation to José Fernandez’s family — says investigators were negligent in considering all the scenarios surrounding the crash.

Look back at the devastating scene: 

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Jose Fernandez boat crash
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Jose Fernandez boat crash

Investigators look over the overturned boat in which Miami Marlins pitcher Jose Fernandez was killed, Sunday, Sept. 25, 2016, in Maimi Beach.

(Joe Caveretta/Sun Sentinel/TNS via Getty Images)

The boat in which Miami Marlins pitcher Jose Fernandez was killed is towed through government cut, Sunday, Sept. 25, 2016, in Miami Beach.

(Joe Caveretta/Sun Sentinel/TNS via Getty Images)

The overturned boat in which Miami Marlins pitcher Jose Fernandez was killed is seen Sunday, Sept. 25, 2016, in Maimi Beach.

(Joe Caveretta/Sun Sentinel/TNS via Getty Images)

Investigators look over the overturned boat in which Miami Marlins pitcher Jose Fernandez was killed, Sunday, Sept. 25, 2016, in Maimi Beach.

(Joe Caveretta/Sun Sentinel/TNS via Getty Images)

A memorial at Marlins Park to honor Marlins player Jose Fernandez who died in a boat crash on September 25, 2016 in Miami, Florida.

(Photo by Johnny Louis/WireImage)

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At one point, Fernandez’s lawyer goes after police for not looking into whether foul play could have been involved. A full response to the lawsuit can be read on SlaterScoops.com.

“From the inception the case agents decided that José Fernandez was the operator and that his blood alcohol level would support the imaginary charges sufficiently so they intentionally failed to consider any evidence provided to them that José Fernandez and Eduardo Rivera were the victims of foul play, the two of them unwitting recipients of a spiked drink or a mickey of sorts.”

Fernandez’s lawyer also suggests there isn’t enough evidence to rule José Fernandez was the driver on the night of the crash. The document goes into graphic and disturbing detail about the crash, making the argument that Fernandez’s injuries were not consistent with him being the driver, and that there was not strong enough evidence for investigators to make that claim.

Fernandez was killed in a boating accident just days before the end of the 2016 season. The team honored Fernandez’s legacy with a plaque outside the stadium.

See Fernandez through his career: 

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Jose Fernandez through the years
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Jose Fernandez through the years
Sep 9, 2016; Miami, FL, USA; Miami Marlins starting pitcher Jose Fernandez (16) celebrates their 4-1 win over the Los Angeles Dodgers at Marlins Park. Mandatory Credit: Steve Mitchell-USA TODAY Sports
JUPITER, FL - FEBRUARY 22: Jose Fernandez #78 of the Miami Marlins poses during Photo Day on Friday, February 22, 2013 at Roger Dean Stadium in Jupiter, Florida. (Photo by Eliot J. Schechter/MLB Photos via Getty Images)
MIAMI, FL - APRIL 14: Pitcher Jose Fernandez #16 of the Miami Marlins looks on during the game against the Philadelphia Phillies at Marlins Park on April 14, 2013 in Miami, Florida. The Phillies defeated the Marlins 2-1. (Photo by Marc Serota/Getty Images)
MIAMI, FL - APRIL 08: Pitcher Jose Fernandez of the Miami Marlins smiles against the Atlanta Braves at Marlins Park on April 8, 2013 in Miami, Florida. The Braves defeated the Marlins 2-0. (Photo by Marc Serota/Getty Images)
PHILADELPHIA, PA - MAY 4: Pitcher Jose Fernandez #16 of the Miami Marlins delivers a pitch against the Philadelphia Phillies in a MLB baseball game on May 4, 2013 at Citizens Bank Park in Philadelphia, Pennsylvania. The Marlins defeated the Phillies 2-0. (Photo by Rich Schultz/Getty Images)
MIAMI, FL - MAY 16: Pitcher Jose Fernandez #16 of the Miami Marlins laughs during a MLB game against the Cincinnati Reds at Marlins Park on May 16, 2013 in Miami, Florida. (Photo by Ronald C. Modra/Sports Imagery/ Getty Images)
MIAMI, FL - JULY 13: Rob Brantly #19 of the Miami Marlins and teammate Jose Fernandez #16 celebrate a 2-1 win over the Washington Nationals at Marlins Park on July 13, 2013 in Miami, Florida. (Photo by Steve Mitchell/Getty Images)
NEW YORK, NY - JULY 15: David Wright (R) of the New York Mets walks off the field with Jose Fernandez (C) of the Miami Marlins and Carlos Gonzalez of the Colorado Rockies after Gatorade All-Star Workout Day on July 15, 2013 at Citi Field in the Flushing neighborhood of the Queens borough of New York City. (Photo by Jim McIsaac/Getty Images)
MIAMI, FL - JULY 8: Pitcher Jose Fernandez #16 of the Miami Marlins looks on during a MLB game against the Atlanta Braves at Marlins Park on July 8, 2013 in Miami, Florida. (Photo by Ronald C. Modra/Sports Imagery/ Getty Images)
MIAMI, FL - AUGUST 19: Pitcher Jose Fernandez #16 of the Miami Marlins throws against the Los Angeles Dodgers during the first inning at Marlins Park on August 19, 2013 in Miami, Florida. The Marlins defeated the Dodgers 6-2. (Photo by Marc Serota/Getty Images)
MIAMI, FL - SEPTEMBER 06: Jose Fernandez #16 of the Miami Marlins pitches during a game against the Washington Nationals at Marlins Park on September 6, 2013 in Miami, Florida. (Photo by Mike Ehrmann/Getty Images)
MIAMI, FL - AUGUST 24: Miami Marlins pitcher Jose Fernandez throws his hat off during batting practice prior to a game against the Colorado Rockies at Marlins Park on August 24, 2013 in Miami, Florida. (Photo by Jason Arnold/Getty Images)
MIAMI, FL - AUGUST 25: Pitcher Jose Fernandez #16 of the Miami Marlins hugs a dinasour on the field prior to the Colorado Rockies playing against the Miami Marlins at Marlins Park on August 25, 2013 in Miami, Florida. The Rockies defeated the Marlins 3-2. (Photo by Marc Serota/Getty Images)
PHILADELPHIA, PA - APRIL 13: Jose Fernandez #16 of the Miami Marlins hands the keys back to the Phillie Phanatic after stealing them before the start of a game against the Philadelphia Phillies at Citizens Bank Park on April 13, 2014 in Philadelphia, Pennsylvania. (Photo by Rich Schultz/Getty Images)
MIAMI, FL - SEPTEMBER 23: Pitcher Jose Fernandez #16 of the Miami Marlins jokes with teammates prior to his team playing against the Philadelphia Phillies at Marlins Park on September 23, 2013 in Miami, Florida. The Marlins defeated the Phillies 4-0. (Photo by Marc Serota/Getty Images)
Marlins pitcher Jose Fernandezs mother Maritza Fernandez and his grandmother Olga Fernandez attend Opening Day, as Miami faces the Colorado Rockies at Marlins Park in Miami on Monday, March 31, 2014. (Charles Trainor Jr./Miami Herald/MCT via Getty Images)
MIAMI, FL - APRIL 08: Jose Fernandez #16 of the Miami Marlins laughs during the fourth inning of the game against the Atlanta Braves at Marlins Park on April 8, 2015 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - JULY 09: Jose Fernandez #16 of the Miami Marlins pitches during the game against the Cincinnati Reds at Marlins Park on July 9, 2015 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - JULY 09: Jose Fernandez #16 of the Miami Marlins after the game against the Cincinnati Reds at Marlins Park on July 9, 2015 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - AUGUST 02: Pitcher Jose Fernandez #16 of the Miami Marlins pitches during a MLB game against the San Diego Padres at Marlins Park on August 2, 2015 in Miami, Florida. (Photo by Ronald C. Modra/Sports Imagery/Getty Images)
PHOENIX, AZ - JULY 22: Jose Fernandez #16 of the Miami Marlins reacts at second base after hitting a RBI double against the Arizona Diamondbacks during the second inning of the MLB game against the Arizona Diamondbacks at Chase Field on July 22, 2015 in Phoenix, Arizona. (Photo by Christian Petersen/Getty Images)
MIAMI, FL - AUGUST 02: Adeiny Hechavarria #3 fist-bumps Jose Fernandez #16 of the Miami Marlins after the game against the San Diego Padres at Marlins Park on August 2, 2015 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - SEPTEMBER 25: Family of Jose Fernandez #16 of the Miami Marlins hold up signs with his face during the game against the Atlanta Braves at Marlins Park on September 25, 2015 in Miami, Florida. Fernandez is trying to improve to 17-0 at home, a Major League record. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - MAY 04: Jose Fernandez #16 of the Miami Marlins looks on during the game against the Arizona Diamondbacks at Marlins Park on May 4, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images
SAN DIEGO, CA - JULY 11: Giancarlo Stanton #27 is congratulated by teammate Jose Fernandez #16 of the Miami Marlins after the final round during the 2016 T-Mobile Home Run Derby at Petco Park on Monday, July 11, 2016 in San Diego, California. (Photo by Andy Hayt/San Diego Padres/Getty Images)
Miami Marlins pitcher Jose Fernandez and second baseman Dee Gordon celebrate after they scored on a two-run RBI single by left fielder Christian Yelich in the sixth inning against the Kansas City Royals on Wednesday, Aug. 24, 2016 at Marlins Park in Miami, Fla. (Pedro Portal/Miami Herald/TNS via Getty Images)
MIAMI, FL - AUGUST 24: Jose Fernandez #16 of the Miami Marlins reacts during the game against the Kansas City Royals at Marlins Park on August 24, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
MIAMI, FL - SEPTEMBER 20: Jose Fernandez #16 of the Miami Marlins celebrates in the dugout with hitting coach Barry Bonds during the game against the Washington Nationals at Marlins Park on September 20, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
NEW YORK, NY - AUGUST 29: Pitcher Jose Fernandez #16 of the Miami Marlins delivers a pitch against the New York Mets during the third inning of a game at Citi Field on August 29, 2016 in the Flushing neighborhood of the Queens borough of New York City. (Photo by Rich Schultz/Getty Images)
ATLANTA, GA - JULY 2: Jose Fernandez #16 of the Miami Marlins sits in the dugout after being removed in the sixth inning against the Atlanta Braves at Turner Field on July 2, 2016 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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