Second-Degree Murder Charge in the Death of Jason Rothe

February 13, 2024

We are gratified that the NH Attorney General is bringing second-degree murder charges against Matthew Millar for his role in Jason Rothe’s death. Too often, the lives of marginalized people, including prisoners with disabilities, are not valued. We hope that there is justice for Mr. Rothe in this process.

The death of Jason Rothe was an unnecessary and avoidable tragedy, and we are horrified by the details of the incident as reported. Prone restraint is an inherently dangerous technique, even with extensive training. Its use should be strictly limited to ensuring the immediate safety of the individual with a disability when all other interventions have failed and ceased immediately once that safety is assured. We strongly encourage the Department of Corrections to reconsider its use of prone restraint in the SPU.

While we support the actions of the Attorney General, we are troubled by the fact that Matthew Millar apparently continued to work with prisoners from June 2023, when the Department of Corrections completed its investigation into Jason Rothe’s death, until his termination in mid-December 2023. We hope that the Department of Corrections will closely examine its internal investigation process to understand how it could have reached such a starkly different conclusion than the Attorney General. We hope that the Department of Correction’s newest investigation, undertaken in light of Matthew Millar’s charges, will be committed to ensuring the safety of all individuals in the SPU.


Disability Rights Center – New Hampshire is a statewide non-profit organization dedicated to eliminating barriers for people with disabilities across New Hampshire. DRC is the federally designated protection and advocacy agency for New Hampshire and has authority under federal law to conduct investigations in cases of probable abuse or neglect.

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