Former NH Corrections Officer Arrested On Murder Charge In Concord

CONCORD, NH — A former corrections officer at the New Hampshire State Prison for Men has been charged with murder after a nine-month investigation into a death in the state’s secure psychiatric unit, according to the New Hampshire Attorney General’s Office.

Matthew Millar, 39, of Boscawen was arrested Thursday on a felony second-degree murder charge, accused of killing Jason Rothe, 50, a convicted sexual assaulter, during an altercation on April 29, 2023. The attorney general moved forward with the case after several interviews and eyeing video footage of the incident, which led them to accuse him of using force and pressure to Rothe’s torso and-or neck for several minutes while he was being handcuffed.

According to a probable cause affidavit, a verbal altercation occurred between Rothe and Millar around 12:30 p.m. on April 29, 2023, which led to the corrections officer “demanding” Rothe be moved from a day room. Other corrections officers arrived to de-escalate the situation. Rothe, the report said, was given snacks to calm him down and “combat the delusion that he was being starved.” After about 10 minutes, officers agreed to remove him from the room.

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Millar, the report noted, was not initially part of the entry team removing Rothe. But just before 1 p.m., he entered the day room and, according to “witness accounts and his own statement, placed his knee on Rothe’s upper-back and neck area as a method of restraint,” the probable cause statement said.

“I’ve got (Rothe),” he was accused of saying, after about 6 minutes of holding him down. “He’s not moving.”

Rothe also urinated while being held down, the report said. Later, after he became limp, assumed to be dead, his body was moved, and Millar was seen on security cameras “bicycling” his legs — “pumping them rapidly in a circular fashion, in an apparent effort to revive him, and acting frantic and panicked to such a degree that he was eventually removed from the room by a senior officer,” the affidavit stated.

The camera footage also recorded Millar “acting frantic and emotionally overwrought” after it was discovered that Rothe was not breathing. Investigators said he was observed “kicking the stretcher” as well as “punching a door in the hallway with a closed fist.”

An autopsy in October 2023 found Rothe died due to “combined traumatic (compressional) and positional asphyxia” and was a homicide.

Millar, officials noted, “received training on asphyxia and use of force which detailed the risk of death inherent with the specific manner of restraint he applied.”

John Formella, the attorney general, said bringing the charge “was not made lightly” but was based on “a careful and thorough review of the facts and the law.” He added the charge “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 scheduled for arraignment in Concord District Court on Thursday.

According to reports online, Rothe was convicted on sexual assault charges in June 1998. The year before, he was involved in a drug case in Hanover District Court and claimed the probation process violated his constitutional rights. In 2010, he was arrested on a duty to report charge in Sullivan County, but the charge was dismissed later. Rothe also lived in Maine, according to reports online. In one case out of Hancock in 2017, he was jailed for five days on terrorizing, disorderly conduct, and other charges.

Update

The New Hampshire Department of Corrections released the following information following the arrest of Millar:

On April 29th, 2023, Mr. Rothe, a patient of the New Hampshire Department of Correction’s Secure Psychiatric Unit died after a physical altercation with corrections officers. The Department immediately took action to support a full and independent investigation by the NH Department of Justice and the NH State Police Major Crime Unit. The NHDOC placed all officers involved in the use of force on administrative leave.

Below is a summary of the actions the Department has taken:

• NHDOC immediately notified the Attorney General’s Office and the NH State Police Major Crime Unit.
• Commissioner Hanks directed department leadership to immediately respond to the facility following the incident to assess the facility and to direct immediate action.
• Commissioner Hanks directed an administrative review, separate from the investigation by the Department of Justice and State Police, which resulted in swift administrative action.
• The officers involved in the use of force were placed on administrative leave.
• Following the completion of the Department’s administrative review, the officers were returned to full duty based on information available to the department at that time. Based on new information made available to the department today, Commissioner Hanks has directed another administrative review and placed the officers on administrative leave.
• Since December 13th, 2023, Mr. Millar is no longer employed with the Department of Corrections.
• The Department initiated the deployment of our department-wide body worn camera project at the SPU on July 18, 2023, for all sworn staff.

All individuals involved in the criminal justice system deserve to be treated with respect, dignity, and humanity. The alleged actions of Mr. Millar ultimately contributing to or causing the death of Mr. Rothe is completely unacceptable, is contrary to Department of Corrections training, and is not representative of our department or the rest of the Department’s staff. The Department is firm in its stance that people who abuse their authority should face the full prosecution of the law.

Statement from Commissioner Helen Hanks:

“I personally extend my sympathies to the family and loved ones of Mr. Rothe. 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.”

“The Department prides itself on the dedicated staff that provide exemplary humane care in pursuit of our mission. Everyday New Hampshire Department of Correction’s staff commit themselves to doing difficult work in a challenging environment.”

“As Commissioner, I will always support staff who perform their work with the respect and integrity that it requires. Staff that act outside of the ethical and statutorily prescribed standards of our profession must be held accountable for their actions. I will be unrelenting in holding staff to the high standards expected of them by myself, their peers, the public and the law.”

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