BAYARD, Neb. (AP) — The theft case against a former Bayard (behrd) city worker has been dismissed because he’s agreed to testify against his former boss.

29-year-old Joshua Buskirk agreed to give up his nearly $1,300 share of the profits from the April sale of scrap metal taken from the city. Prosecutor Travis Rodak says he can refile the case if Buskirk changes his mind about testifying against 44-year-old Kevin Wurm.

Wurm is charged with theft. Buskirk and 31-year-old Joshua Kinney were charged with aiding a felony. Court documents say streets superintendent Wurm told Buskirk and Kinney to sell the metal and divide the proceeds between the three of them.

Wurm’s attorney didn’t immediately return a call Friday from The Associated Press. Kinney’s attorney declined to comment.