FAIRMONT — A Fairmont man is facing a felony charge in Martin County.

Mario Jovan Neither, 34, has 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:

On Feb. 26, the Fairmont Police Department was contacted by an employee at Burger King in Fairmont. The employee advised that he had located a fanny pack in the men’s restroom. He indicated he searched it and discovered what he believed to be drugs, as well as a debit card of another employee, Neither.

An officer went to the restaurant to take possession of the fanny pack. The officer glanced in the front pouch and observed what appeared to be a couple of marijuana buds. When the officer returned to the Martin County Law Enforcement Center, he examined it further and observed a crystalline shard that he knew from training and experience to be consistent with meth. The substance later tested positive for meth.

The officer began to process the found property to be placed in evidence. The officer also observed the debit card belonging to Neither, along with a couple of marijuana buds and pieces.

Later that evening, Neither appeared at the LEC requesting the return of his fanny pack. At the LEC, Neither was advised of his rights.

During the subsequent interview, Neither said he was wearing his fanny pack while working at Burger King. He indicated he was closing up the restaurant around midnight Feb. 26 when he checked the women’s restroom and discovered something green on the floor. Neither said he looked closer and saw it was a baggie of marijuana, and that he also saw a small chunk of meth.

He said he put both items in his fanny pack with the intention of turning them over to his manager. He said he then went into the men’s bathroom to change his shirt and that he must have taken off the fanny pack and set it down, not realizing he left it at Burger King until he got back to his residence.

Neither said he called another employee and told him to pass along a message to the manager about the drugs, but that the message must not have been received.

The officer interviewing Neither observed the odor of stale marijuana while speaking with him and asked if he smoked marijuana. Neither said he has cut back recently because he has been around a young family member.

On March 16, the officer spoke with the employee whom Neither had claimed he called about the drugs. During the conversation, the employee said that Neither had called and told him he left his fanny pack at work overnight. He said Neither said he found drugs in the women’s restroom, put the drugs in the fanny pack and forgot about it. He said he felt Neither was covering his tracks in case the pack was discovered, and that the odds of Neither finding meth and marijuana in the women’s restroom were slim.