In the week since a former prison guard was charged with second-degree murder, the New Hampshire Department of Corrections has given conflicting statements about its internal review of the incident.
The former corrections officer, Matthew Millar of Boscawen, is accused of causing the April 29, 2023 death of Jason Rothe, who was a patient at the state prison system’s Secure Psychiatric Unit at the time. Prosecutors allege Millar knelt on Rothe’s back for several minutes while restraining him face-down, causing him to asphyxiate.
In a statement last week, the Department of Corrections said it had cleared Millar to return to duty last year after reviewing his actions, along with those of several other officers involved in the confrontation that led to Rothe’s death.
“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,” the department said in the Feb. 8 statement. “Based on new information made available to the department today, [Department of Corrections] Commissioner [Helen] Hanks has directed another administrative review and placed the officers on administrative leave.”
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The Department of Corrections now says it never completed an internal review last year, but rather halted that process once it learned the New Hampshire Department of Justice was investigating Rothe’s death.
Jane Graham, a spokesperson, said that was “so as not to impede the Attorney General’s Office investigation.”
Graham also said the officers were initially placed on administrative leave, then served in “non-direct alternative posts without contact with residents” before eventually returning to full duty.
“Looking back at our original statement, we shouldn’t have said that our administrative review was completed,” Graham said by email after a reporter asked about the inconsistent statements.
Millar’s employment with the Department of Corrections ended in mid-December 2023, according to its original statement. His attorney has said he intends to plead not guilty. Prosecutors say they do not intend to bring charges against any of the other officers involved in using force against Rothe.
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The Secure Psychiatric Unit sits on the grounds of the state prison in Concord. It houses both people serving sentences and people who have been civilly committed but can’t be treated safely at the state psychiatric hospital.
Rothe was civilly committed to the state hospital in 2019 because of a mental illness. He was transferred to the Secure Psychiatric Unit in 2022 due to concerns he could harm himself or others, according to court records filed by the attorney general’s office.
The confrontation that led to his death began when corrections officers tried to forcibly remove him from a day room, according to a summary of the investigation filed in court. The officer in charge during that shift later acknowledged to investigators that Department of Corrections policy called for a less aggressive response, as Rothe’s refusal to leave the room wasn’t putting anyone in danger.
Advocates have long criticized the state for sending people with mental illness who have not been convicted of crimes to an unaccredited psychiatric facility run by the state prison system. Officials say a new forensic hospital, slated to open next year, will bring an end to that practice.
This story has been updated to reflect the fact that the corrections officers eventually returned to full duty. That was incorrect in an earlier version of this story.
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
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An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment. He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
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McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
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New Hampshire currently has the lowest rate per mile among states with tolls roads. The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
WILTON, N.H. (WHDH) – A woman died in a Wilton, New Hampshire, house fire Wednesday morning, according to the New Hampshire State Fire Marshal’s Office.
At 9:08 a.m., Wilton firefighters responded to Burns Hill Road after a caller said their home was filling up with smoke. When they arrived, a single-family home was on fire and they found out two people were still inside on the second floor.
A man and a woman were both taken out of the house by firefighters and taken to Elliott Hospital. The woman was pronounced dead and the man is in serious condition.
Officials have not released the name of the victim at this time.
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At this time, investigators are looking into the cause of the fire and are trying to determine if a power outage in the area played a factor. The fire is not currently considered suspicious.
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