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Man facing felony drug charges

FAIRMONT — A 29-year-old Fairmont man is facing felony charges in Martin County.

James Dean Robert Boots has been charged with drug possession in the third degree, which carries a maximum penalty of 20 years in prison and a $250,000 fine. He has also been charged with drug possession in the fifth degree, which carries a maximum penalty of five years in prison and a $10,000 fine.

According to the complaint:

At 11:06 p.m. Sept 2, two Fairmont police officers were parked along Downtown Plaza when they observed a white Oldsmobile Aurora make a quick U-turn and drive northbound. The officers observed that the vehicle did not have its headlights on, and pulled it over.

One of the officers approached the vehicle and spoke with the driver, later identified as Boots. The officer advised Boots that he had been stopped because he was driving without his headlights on. Boots indicated he had just forgotten about it. When asked if he had proof of insurance, Boots stated, “This isn’t my car. I don’t know where she keeps,” and then stopped talking.

When asked whose car it was, Boots said it belonged to a man, which the officer found unusual based upon Boots’ previous reference to a woman. Boots then attempted to locate the insurance card but was unable to find it. Boots was then asked to step out of the vehicle and come back to the squad vehicle, where he was given a pat down.

While one officer dealt with Boots, the other looked in the window of the vehicle and observed a green leafy substance scattered around the shifter. The officer also observed the same substance in the cup holder area.

Boots was then asked if he smoked marijuana. At first Boots said he did not, but then stated, “Not in a while.” When asked if it was his vehicle, Boots said it was not, and when asked if he had smoked marijuana in the vehicle he denied it.

The officer then showed Boots the substance in the vehicle and asked Boots if he knew what it was. Boots stated, “Sure. It could be a bunch of things.” The officer advised Boots that it looked like weed and Boots agreed by stating, “Right.”

The officer told Boots they were going to grab a kit and test the substance and asked Boots to take a seat on the curb. The officer observed that Boots’ arms and legs were shaking and he appeared nervous.

As the officer attempted to retrieve the substance from the vehicle, he noticed a crystal white substance also scattered around the area. The officer recognized the substance to be meth based on past police training and experience. In the cup holder in the center console, he also observed what appeared to be a marijuana cigarette.

The crystal substance tested positive for meth, and Boots was placed in handcuffs.

The officers continued to search the vehicle, finding what appeared to be three cleaning agent canisters in the trunk. The canisters had false bottoms, and one of the cans was opened to reveal crystal meth.

Officers also discovered a baggie with a large portion of meth and multiple baggies with residue, along with a glass container containing more meth. Another container with a false bottom contained an IV-type bag that contained liquid that appeared to be designed to defeat a urine test.

Another false container contained two meth pipes and a marijuana pipe.

The substances located in the vehicle later tested positive for meth.

The area of Downtown Plaza in which Boots was apprehended is located in a park zone.

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