In Brief: Jose Fernandez, companions had strong odor of alcohol after fatal crash
MLB: Miami Marlins pitcher Jose Fernandez and two of his friends who perished in a violent boat crash off of South Beach last month all had a strong odor of alcohol on them when their bodies were recovered by divers, according to a search warrant affidavit obtained by the Miami Herald.
The toxicology tests for the young men are complete but have not been released by state investigators, citing an exemption in the public records law for open criminal investigations. Nor have the autopsies been released.
It’s not known what charges, if any, could be brought in the case since the affidavit states the crime(s) under investigation are Boating Homicide While Intoxicated and Vessel Homicide.
Those criminal charges are brought when there is someone to charge. No other suspects are mentioned in the affidavit.
The warrant, released by the Miami-Dade state attorney’s office Wednesday, also alleges that investigators found evidence that the driver of the vessel was running at a high rate of speed and with a “recklessness” that was “exacerbated by the consumption of alcohol.”
The All-Star pitcher died Sept. 25 when his 32-foot SeaVee named “Kaught Looking” slammed into the Government Cut north jetty before dawn. Two others on the boat with him, Emilio Jesus Macias, 27, and Eduardo Rivero, 25, were also killed.
It’s not yet confirmed that Fernandez was piloting the boat.
The crash remains under investigation by the Florida Fish & Wildlife Conservation Commission, which asked prosecutors to draft the warrant in order to search the boat, and examine its GPS and two engines.
A spokesman for the Commission initially said that there was no evidence that alcohol was involved in the crash, and that the boat was not owned by Fernandez, but by a “friend” of the Marlins.
Later, when pressed by the media about those statements, they back-pedaled, saying that they were in error. On Wednesday, they tried to further clarify their initial comments, saying that they “referred to the initial review of the vessel and debris field, which did not yield any evidence of alcohol or drugs on board the vessel.”
Investigators have not indicated what the trio was doing, or where they were going when their boat, headed south, plowed at a high speed into the dark rocks that jut east into the ocean from South Pointe Park after 3 a.m. But Fernandez was at American Social Bar & Kitchen in Brickell before the crash.
Fish and Wildlife investigators said they found a receipt for alcohol from the bar in the pocket of one of the men, who is not named. The receipt had a time and date stamp, the affidavit said.
The associate medical examiner who conducted the autopsies said all three men had water in the lungs and trauma consistent with a boat crash, the affidavit noted. However, the cause of death was not mentioned.
Michael Moore, a Miami-based Maritime attorney, said that even though there may not be anyone to criminally charged in the case, investigators are likely investigating whether anyone is criminally negligent and therefore, could be held responsible in a civil lawsuit.
“The main question here is who was driving, obviously that’s the person most negligent, but even if Fernandez wasn’t driving, he may be negligent by virtue of entrusting someone who was intoxicated to drive the boat, which was his,” Moore said.
Marlins President David Samson declined to comment, saying that they will wait until the investigation is complete.
DeRozan scores 40, Raptors win opener
NBA: DeMar DeRozan scored 40 points and Jonas Valanciunas added a career-high 32 as the Toronto Raptors opened their season with a 109-91 victory over the visiting Detroit Pistons.
DeRozan made a career-high 17 field goals on 27 shots and was a perfect 6 for 6 from the free throw line, while Valanciunas was 10 for 15 from the field to go along with 11 rebounds. Valanciunas’ previous career high was 31, also against the Pistons, on Jan. 12, 2015.
Tobias Harris had 22 points and Marcus Morris had 17 points and nine rebounds for the Pistons, who lost for the eighth time in their last 11 games against Toronto.
DeRozan broke Vince Carter’s opening-night record of 39 points, set against the-then New Jersey Nets in 2003. Alvin Robertson is the only other Toronto player to record a 30-point opening-night game, in the franchise’s first-ever game, also against New Jersey, in 1995.
Turner, Pacers top Mavs in overtime: Myles Turner scored 30 points, tied his career high with 16 rebounds and made a 3-pointer with 1:18 left in overtime to start an 8-0 run that allowed the Indiana Pacers to close out a 130-121 victory over the Dallas Mavericks in Indianapolis.
Three-time All-Star Paul George added 25 points, including another 3 with 55 seconds left to seal Indiana’s fifth season-opening win in six years.
Deron Williams scored 25 points, while J.J. Barea and Dirk Nowitzki each added 22 as the Mavs lost their fifth straight in the series. They still haven’t won in Indianapolis since February 2014.
Dallas didn’t tie the score or take a lead until the fourth quarter, yet still forced overtime when Harrison Barnes’ open 3-pointer made it 115-all with 2.3 seconds left.
Turner could have won it with a long buzzer-beating 3, but it bounced off the back of the rim.
Westbrook spoils Embiid’s debut: Russell Westbrook had 32 points, 12 rebounds and took over late to lead the Oklahoma City Thunder to a 103-97 victory over the host Philadelphia 76ers.
Westbrook scored the decisive points on opening night for the Thunder in their first game since franchise star Kevin Durant left in free agency and signed with the Warriors.
Joel Embiid scored 20 points in 22 minutes in his first game for the Sixers since they made him the No. 3 overall pick in the 2014 draft. Embiid had sat out the last two seasons with foot injuries. He received a roaring ovation when he was introduced and fans went wild on every shot.
Kidd-Gilchrist, Hornets beat Bucks: Michael Kidd-Gilchrist had 23 points and 14 rebounds in his return from a shoulder injury, Roy Hibbert added 15 points, and the Charlotte Hornets opened their season with a 107-96 victory over the host Milwaukee Bucks.
The Hornets led by as many as 24 points in the third quarter before fending off a late charge from Milwaukee.
Not timetable on No. 1 pick Simmons’ return to 76ers: Ben Simmons took a spot in the Philadelphia 76ers locker room instead of the starting lineup on opening night.
Simmons, the 2016 No. 1 overall draft pick, hoped to return at some point this season from a broken bone in his right foot and said he was never involved in any discussion about sitting out the season.
“I’ll come back when I’m ready,” Simmons said.
Simmons was expected to become the franchise player for a forlorn Sixers team coming off a 10-72 season. Simmons instead attended the season opener on Wednesday in street clothes and was set to watch the game against Oklahoma City from the locker room.
Simmons was injured last month during a training camp scrimmage. The Australian forward played at LSU last season.
“As soon as I get out there, I’d love to play,” he said.
Lakers pick up contract options on Randle, Russell, Nance: The Los Angeles Lakers have exercised their team options for the 2017-18 season on guard D’Angelo Russell and forwards Julius Randle and Larry Nance Jr.
The Lakers announced the expected moves Wednesday before their season opener.
Russell and Nance were first-round picks in the 2015 draft, while Randle was a first-round pick in 2014.
Randle will make nearly $4.15 million next season. After missing 81 games in his rookie season with a broken leg, he averaged 11.3 points and 10.2 rebounds last year while playing 28.2 minutes per game, the fewest among all NBA players averaging a double-double.
Russell will make $5.56 million next season. The No. 2 pick made the NBA All-Rookie second team, averaging 13.2 points and 3.3 assists.
Anthem singer claims Sixers denied her performance for shirt: Philadelphia 76ers national anthem singer Sevyn Streeter says she was told by the team she could not perform because of her “We Matter” jersey.
She was scheduled to sing before the Sixers’ season opener Wednesday against the Oklahoma City Thunder.
Streeter wrote on Twitter, “Was suppose to sing the anthem at (at)sixers & (at)okcthunder game but mins b4 (at)sixers said I couldn’t because I was wearing a “We Matter” jersey.
The Sixers declined to say why Streeter’s performance was canceled.
“The Philadelphia 76ers organization encourages meaningful actions to drive social change. We use our games to bring people together, to build trust and to strengthen our communities. As we move from symbolic gestures to action, we will continue to leverage our platform to positively impact our community,” the Sixers said in a statement.
The Sixers had a member of their dance team sing the anthem.
This isn’t the first time the Sixers were dragged into a national anthem controversy.
A woman performing the national anthem before an NBA preseason game in Miami did so while kneeling at midcourt.
Denasia Lawrence opened her jacket just before she started to sing, revealing a “Black Lives Matter” shirt, then dropped to her left knee and performed the song. She said it was her way of protesting racial oppression.
Habs edge Islanders for fifth straight win
NHL: Shea Weber scored a power-play goal with 2:57 remaining to lift the Montreal Canadiens to their fifth straight victory, 3-2 over the host New York Islanders on Wednesday night. With the Islanders’ Nick Leddy off for slashing, Weber fired a shot from the point. It was just the second power-play goal in 23 opportunities given up by New York’s league-leading penalty-killing unit.
Paul Byron and Phillip Danault also scored to help Montreal improve to 6-0-1 and remain the only team in the NHL without a regulation loss.
Al Montoya, who played for the Islanders from 2010-12, stopped 26 shots in his first start since Oct. 18. The Canadiens beat New York for the seventh straight time.
John Tavares and Dennis Seidenberg scored for New York.
Pirri scores twice, leads Rangers: Brandon Pirri scored twice to help the New York Ranger beat the visiting Boston Bruins 5-2.
Rick Nash, Kevin Hayes and Jimmy Vesey also scored for New York, and Henrik Lundqvist stopped 27 shots. The Rangers won their third straight game, overcoming a 2-0 deficit to improve to 5-2-0.
David Pastrnak and Austin Czarina scored for Boston. The Bruins have lost three straight to drop to 3-4-0.
Zane McIntyre made 26 saves in his first NHL start. He was called up prior to Boston’s 5-0 home loss to Minnesota on Tuesday night to back up Malcolm Subban due to injuries to Tuukka Risk and Anton Khudobin.
Giovinco, Toronto grabs first playoff win
MLS: Sebastian Giovinco had a goal and two assists to lead Toronto FC to the first MLS playoff victory in franchise history, 3-1 over the visiting Philadelphia Union in a knockout game.
Toronto will host New York City FC on Sunday in the opening game of the two-legged Eastern Conference semifinal.
Jonathan Osorio and Jozy Altidore also scored for Toronto.
Alejandro Bedoya scored for the Union in the 73rd minute to cut the lead to 2-1. But Giovinco, after drawing three defenders, found Altidore in the 85th minute and the U.S. international, after a fortuitous bounce off a defender, sent a low shot home.
Altidore and several teammates jumped the advertising hoardings at the south end and disappeared briefly into the stands to celebrate.
Sixth-place Philadelphia started well, taking the game to Toronto. But the home side struck first in the 15th minute with Altidore muscling his way into Philadelphia territory. Defender Ken Tribbett hooked the ball away awkwardly towards his own penalty box and goalkeeper Andre Blake tried to meet it. Altidore beat him to it, flicking the ball over to Giovinco, who got a leg to it to send the ball high into the net.
Osorio made it 2-0 three minutes into the second half off Giovinco’s corner. Altidore and Toronto defender Nick Hagglund collided and the ball bounced off Hagglund’s chest to Osorio, who belted it home.