Matthew Millar: NH correction officer charged with murder for kneeling on psychiatric patient's neck until he died

CONCORD, NEW HAMPSHIRE: A former correctional officer in New Hampshire faces a second-degree murder charge for allegedly killing a psychiatric patient by kneeling on his neck for several minutes.

Matthew Millar, 39, was arrested on Thursday, February 8, for the death of Jason Rothe, 50, who was in his care at the Secure Psychiatric Unit of the Department of Corrections.

Jason Rothe's death was ruled as homicide by asphyxiation

Rothe was a mentally ill patient who was transferred from New Hampshire Hospital to the prison unit in 2022, according to court documents.

He died on April 29, 2023, after a physical altercation with six corrections officers, including Millar.

Witnesses told investigators that Millar applied downward force with his knee and arms on Rothe’s upper back and neck while he was handcuffed face down on the floor, as per WMUR.

An autopsy initially found his cause of death to be inconclusive, Boston 25 reported, but later determined it to be homicide by combined compressional and positional asphyxia, meaning he suffocated due to the pressure on his chest and neck, according to the Attorney General's office. 

The Department of Corrections said this use-of-force violated their protocols and training, according to the outlet. 

Matthew Millar is no longer employed by the Department of Corrections

Millar and the other officers involved in the incident were placed on administrative leave pending an administrative review but returned to work shortly after.

Millar was terminated from his employment on December 13, 2023, a spokesperson for the DOC said. He was ordered held without bail pending a hearing on February 14, according to Fox News. 

Attorney General John M Formella announced the murder charge against Millar on Thursday, February 8, saying, "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."

He added that the charge only represented allegations against one individual and should not reflect on the overall professionalism of the DOC staff, especially those who provide care and security to patients at the Secure Psychiatric Unit.

Commissioner orders another review of Jason Rothe's custodial death 

Commissioner Helen Hanks said she has ordered another administrative review in light of the new information and placed the officers involved on leave.

She also expressed her sympathies to Rothe’s family and loved ones and condemned the allegations against Millar.

“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,” she said.

The investigation into Rothe’s death is ongoing. According to the AG's office, no other correctional officers are expected to face criminal charges.

Rothe had been reportedly committed to New Hampshire Hospital in 2019 but was transferred to the prison's psychiatric facility in 2022 over concerns he posed a danger to himself and others.

Prosecutors allege that Millar acted recklessly in causing Rothe's death after he refused to leave a "day room" in the psychiatric unit. While officers initially offered Rothe snacks and tried to talk him into leaving, they eventually decided to forcibly remove him.