Desoto County News

District Attorney challenges Whiteside’s house arrest sentence as illegal, demands school board member resign

Photo: DeSoto County District Attorney Matthew Barton on Tuesday claimed Monday’s sentencing of child sex abuser Lindsey Whiteside was illegal. (Bob Bakken/desotocountynews.com)

HERNANDO, Miss. – DeSoto County District Attorney Matthew Barton announced Tuesday he is filing a motion to vacate the house arrest sentence given to Lindsey Whiteside, claiming the sentence is illegal under state law. Barton also escalated his call for the resignation of a school board member who supported the former youth minister convicted of child sexual battery.

On Monday, Whiteside was sentenced to three years of house arrest and seven years of probation after pleading guilty. Barton, whose office prosecuted the case, said his team discovered overnight that the sentence violates Mississippi code.

“The sentence that was handed down yesterday is actually an illegal sentence,” Barton said at a press conference. “Sex offenders of this category…is specifically enumerated as a crime that is not eligible for the house arrest program.”

Barton said his office is preparing the necessary paperwork to challenge the sentence in Circuit Court and ask that it be vacated and reconsidered.

The District Attorney also doubled down on his demand for the resignation of DeSoto County School District Board of Education member Michele Henley, who testified in support of Whiteside. Barton said he will actively support and fund an opponent to run against Henley in 2028 if she does not step down.

“She can either resign because it’s the right thing to do, or she will face whatever public backlash she gets,” Barton stated. “The people will have the ultimate say.”

Barton revealed that other prominent community members supported Whiteside, including former Southaven Police Chief and former Chief Deputy Macon Moore. Barton called Moore’s support an “obstacle” in the case.

“It’s absolutely a shame that someone that spent 34 years in law enforcement is hindering the prosecution of a child predator,” Barton said, noting that Moore was subpoenaed to testify but did not appear in court.

In addition to challenging the sentence, Barton is filing a motion to unseal the names of all individuals who wrote character reference letters for Whiteside, which the judge had sealed. He said the list includes nine teachers and one vice principal.

“There is no further reason for anything to be under seal,” Barton said. “When a miscarriage of justice takes place, the public has a right to know what led up to that and what happened.”

Following is the letter Barton presented to Henley after her court appearance for Lindsey Whiteside on Monday, Oct. 13.

Bob Bakken

Bob Bakken provides content for DeSoto County News and its social media channels. He is an award-winning broadcaster, along with being a reporter and photographer, and has done sports media relations work with junior and minor league hockey teams. Along with his reports on this website, you will find this veteran media member providing sports updates and high school football play-by-play on Rebel 95.3 FM Radio.