Stephen Nodine Update: US Attorney's Office to Fight to Keep Nodine Behind Bars

MOBILE, AL (CBS/WKRG) Federal prosecutors plan to appeal a magistrate judge's decision to release former Mobile County Commissioner Stephen Nodine, who is charged with murdering his alleged mistress, Angel Downs, according to Nodine's attorney Dennis Knizley.

According to CBS affiliate WKRG, Nodine also faces a federal weapons charge for allegedly possessing firearms while addicted to a controlled substance.

On Monday, Judge William Casey denied a prosecutor's request to hold Nodine until his federal trial. WKRG reports that the US Attorney's office has 24 hours to file an appeal. Knizley spoke with WKRG and explained that Nodine will remain behind bars until a US District Court Judge evaluates the magistrate judge's decision.

If the appeal is denied, Nodine is scheduled to be released from federal custody Tuesday at noon, states WALA. If released Nodine will not be allowed to possess a firearm, must avoid arrest, and will be limited to travel within Mobile and Baldwin Counties, according to the station.

Nodine remains detained in Baldwin County Jail.

Baldwin County authorities consider Nodine their only suspect in the May 9 murder of Downs in front of her Gulf Shores, Ala. home, about 50 miles south of Mobile. Nodine is also accused of abusing Downs during their alleged extramarital affair. Downs was shot once in her head in the driveway of her home.