POCATELLO — A local man charged with felony computer crime waived his preliminary hearing recently as part of a potential plea agreement his attorney called “unusual.”

    Jeffrey Byron Schutte was charged earlier this year with stealing electronic data from Premier Technology that contained trade secrets for the purpose of defrauding the company.

    Aaron Thompson, Schutte’s attorney, said his client waived his preliminary hearing last Friday based on a deferred prosecution agreement. Thompson declined to get into specific details of the agreement between Schutte and the Bannock County Prosecutor’s Office, but did explain what the deferred agreement meant.

    “Basically, it’s an agreement by which the prosecution agrees not to continue the case if certain contingencies are met,” Thompson said. “They are putting the prosecution on hold if the defendant does certain things.”

    But because the deal isn’t finalized, Thompson wouldn’t give any details of the agreement. Next for Schutte is his arraignment in district court.

    Also charged with felony computer crime at the same time as Schutte was Chad Ray Orr. The charge was dismissed by the Bannock County Prosecutor’s Office in May, however, because Deputy Prosecutor Jared Johnson said he believed that the crime Orr is alleged to have committed took place outside his jurisdiction.

    More specifically, Johnson told the Journal in May that he believed it happened in Bingham County where Premier has its corporate offices. Orr has not been charged in Bingham County.

    Schutte and Orr were top level managers at Premier Technology in Blackfoot in August of 2007 when both men resigned their positions. There was almost immediate cause for concern when Premier officials realized both men were going to work for Petersen Inc., in Pocatello, one of Premier’s top competitors.

    In the civil trial, a jury found both Orr and Schutte had violated the Idaho Trade Secret Act. The jury brought back a $1.08 million judgment against Schutte and a $723,000 judgment against Orr. Both were found to have breached their respective fiduciary duties.