Mahe and four others are accused of stealing thousands of dollars in gasoline from a Salt Lake County construction company.
Mahe and three co-defendants waived their right to testify at a preliminary hearing Thursday in Salt Lake City. A fifth defendant, Mark Evers, testified against Mahe and the others in an effort to get a reduced charge.
The five are accused of stealing more than $15,000 in gasoline during a three-month period in 2010. The company claims a loss of more than $55,000 starting in 2006.
Evers' attorney says his client is trying to make things right. Attorneys for the other defendants didn't immediately return telephone calls Friday.