Judge Will Decide Wednesday If Rutherford County Sheriff Should Be Jailed

NASHVILLE, TN — Shortly after 7 p.m., following more than five hours of testimony, the federal magistrate who will decide whether Rutherford County Sheriff Robert Arnold should be locked up until his February federal trial said the decision will come Wednesday morning.

U.S. Magistrate Judge Alistair Newbern said she will rule at 10 a.m. Wednesday whether to revoke Arnold's bond, which would mean he would be jailed until his trial on conspiracy and fraud charges related to the JailCigs company begins in February.

Federal prosecutors want Arnold jailed because they say allegations of he became violent with his wife over Labor Day weekend violate the terms of his release. Prior to Tuesday's hearing, Probation and Pretrial Services officials changed their recommendation, agreeing with the U.S. Attorney that Arnold should be jailed.

Initially, Arnold's pre-trial supervisor had recommended various conditions, including anger management and a prohibition against Arnold having firearms or alcohol during his release. That recommendation changed because of "totality of evidence, deception to our office, manipulation, alcohol," according to Pretrial Services Deputy Chief James Perdue, who added his office does not believe Arnold will follow the pretrial release requirements.

The sheriff's wife refused to sign a statement about the alleged assault after she talked to the Tennessee Bureau of Investigation, whose help was requested by district attorney Jennings Jones when he learned two Rutherford deputies — including the sheriff's cousin — responded to the domestic complaint but never filed a report. That refusal should keep Arnold out of jail, his attorneys argued, saying that while the sheriff and his wife do not get along and perhaps should not be living together, there is no reason to put Arnold behind bars.

Image via Rutherford County Sheriff's Department