AG: NH corrections officer charged with second-degree murder for kneeling on neck of psych patient

A former New Hampshire corrections officer was arrested Thursday for his role in allegedly killing a psychiatric patient in his care.

Matthew Millar, 39, of Boscawen, New Hampshire is charged with murder in the second degree for causing the death of a patient, 50-year-old Jason Rothe, at the Secure Psychiatric Unit of the Department of Corrections, according to Attorney General John M. Formella.

On April 29, 2023, authorities say Roche engaged in a physical altercation with six corrections officers in the Secure Psychiatric Unit of the Department of Corrections that resulted in Roche’s. The facts and circumstances leading up to this altercation were not immediately available.

Immediately following the deadly incident, a spokesperson for the Department of Corrections says they immediately notified the attorney general’s office and the NH State Police Major Crimes Unit. All officers involved were subsequently placed on administrative leave pending an administrative review. They returned to work shortly thereafter.

On October 25, 2023, the Office of the Chief Medical Examiner determined Rothe’s manner of death was homicide and that the cause of death was combined traumatic and positional asphyxiation.

Investigators say Millar applied downward pressure with his knee and arms on Rothe’s torso and neck area for several minutes while he was being handcuffed face down on the floor. The Department of Corrections says this use-of-force runs contrary to their protocols and training.

On December 13, 2023, Millar was no longer an employee of the DOC, a spokesperson said.

“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.”

Commissioner Helen Hanks says in light of new information available on Thursday, she is ordering another administrative review and placed the officers involved on leave.

“I personally extend my sympathies to the family and loved ones of Mr. Rothe,” she said. “The allegations released today are reprehensible and do not align with my expectations of staff, nor do they align to the Department’s mission and responsibilities.”

Millar is expected to be arraigned in Concord Circuit Court on Thursday afternoon.

An investigation remains ongoing.

No other correctional officers involved in the incident are expected to be criminally charged, according to the AG’s office.

This is a developing story. Check back for updates as more information becomes available.

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