A former corrections officer who worked in the Secure Psychiatric Unit at the New Hampshire state prison in Concord has been charged with second-degree murder in the death of a patient there in 2023, the state's Attorney General's Office said Thursday.
Matthew Millar, 39, of Boscawen, is accused of recklessly causing the death of 50-year-old Jason Rothe on April 29, 2023, by holding Rothe down by the torso and neck using his knee and arms to apply pressure. This happened while Rothe was handcuffed and facedown on the floor, the AG said, contrary to the NH Department of Corrections use of force protocol and training. The Office of the Chief Medical Examiner said Rothe died by a combination of traumatic (compressional) and positional asphyxiation.
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The incident was initially described as an altercation with six officers who were working the unit. AG said there are no plans to bring charges against any of the other officers.
The New Hampshire Department of Corrections said the officers involved were put on administrative leave while the use-of-force incident was reviewed.
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“The decision to bring a charge of this nature for on duty conduct by a law enforcement officer was not made lightly, but was based on a careful and thorough review of the facts and the law,” said Attorney General Formella. “The charge in this incident represents allegations against one specific individual. It should in no way be taken as a reflection on the behavior or overall professionalism of the hardworking men and women at the New Hampshire Department of Corrections, particularly those who provide care and security to patients at the Secure Psychiatric Unit.”
Millar was arrested Thursday and is expected to be arraigned in Concord Circur Court sometime in the afternoon.
The Secure Psychiatric Unit is separate from the New Hampshire State Prison. It provides care for people determined to "present a serious likelihood of danger to himself or to others if admitted to or retained in a receiving facility in the state mental health services system," according to state law.
