MURFREESBORO, Tenn. — A federal magistrate judge has ordered Rutherford County Sheriff Robert Arnold taken into custody until his February trial on allegations that he profited from the sale of electronic cigarettes to jail inmates.

The Daily News Journal of Murfreesboro reports ( that Magistrate Judge Alistair Newbern on Wednesday left the door open to releasing Sheriff Robert Arnold before the trial if he resigns and agrees to stay away from his wife.

Newbern said she found that there was sufficient probable cause that Arnold had committed a domestic assault against his wife while free on bond.

A 13-count federal indictment accuses Arnold, his uncle and his chief of accounting officer of making money from the inmates through a company called JailCigs.

Information from: The Daily News Journal,