POCATELLO — In an unusual plea agreement, one of the men charged in relation to company secrets taken from Premier Technology could see that felony charge dismissed should he comply with the terms of that agreement during the next five years.

    That agreement was put on the record in front of Sixth District Judge Robert Naftz on Monday.

    Jeffrey Byron Schutte was charged earlier this year with stealing electronic data from Premier for the purpose of defrauding the company. The specific charge was felony computer crime.

    Bannock Count Deputy Prosecutor Jared Johnson said that the plea agreement with Schutte includes some pretty specific requirements of the defendant in exchange for one day seeing that charge dismissed.

    “He can’t have any crimes of theft, forgery, fraud or crimes of moral turpitude for five years,” Johnson said.

    In addition, Schutte, whose U.S. Department of Energy security clearance was revoked, cannot seek reinstatement of that clearance.

    Because Schutte has the right to a trial within a certain amount of time, and because felony computer crime comes with a five-year statute of limitations, Schutte has also waived his rights to both the speedy trial and statute of limitations.

    He is also barred from asking for early release from the agreement.

    Johnson says that the agreement also comes with some specific sanctions should Schutte fail to meet all the requirements.

    “If he is found to be in violation, the charge isn’t just reinstated, but he also has to plead guilty,” Johnson said.

    The unusual agreement was forged through a number of discussions between Johnson and Schutte’s attorney, Aaron Thompson. Throughout the process, Johnson said, the alleged victim in the case was also kept apprised of the agreement being negotiated.

    “My conversations with the victims in this case have been good,” Johnson said. “They are on board with this. It’s a bit unusual, but I think it’s a good one.”

    Schutte and Chad Ray Orr were both top level managers at Premier Technology in Blackfoot in August 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 a civil trial, a jury found both Orr and Schutte had taken data containing company secrets and violated the Idaho Trade Secret Act, Premier’s attorney, Craig Hogan of Salt Lake City, told the Journal in December. 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.

    Orr was also charged with felony computer crime by the Bannock County Prosecutor’s Office, but that charge was dismissed when prosecutors determined Orr’s alleged violation happened outside their jurisdiction.