A New London man who served five years in prison for involvement in a homicide as a teen, and who recently was charged with a narcotics violation, unsuccessfully sought emergency release from a federal holding facility in Rhode Island, claiming he had asthma, which puts him at risk of serious complications if he contracts COVID-19.

U.S. Magistrate Judge Robert M. Spector conducted an hourlong hearing by video conference Monday afternoon, and later issued a written denial of the request by 25-year-old Jose Rosado Jr., who is also known as "Gugie." Spector noted medical records describe Rosado's asthma as mild, and he doesn't carry an inhaler.

"If the defendant continues to engage in the conduct that led to his arrest in January 2020, he will place himself at a high risk for being exposed to the COVID 19 virus, so it is not clear at all to the court that an order releasing the defendant would place him at a lower risk for contracting the virus than an order detaining him," Spector wrote, in part, in the decision.

According to court records, in September 2012, Rosado, then 17, had been promised $1,200 to take part in the "beat down" of Javier Reyes during a drug-related dispute. Reyes was stabbed multiple times outside of his apartment at 187 Huntington St. and died a short time later. He also had blunt force trauma to the back of his head.

Video surveillance of the attack showed Rosado, carrying a bat, and Anthony Aviles creeping toward Reyes and then running away from him about 15 seconds later. Rosado never collected the $1,200, was arrested and eventually sentenced to five years in federal prison, followed by three years of supervised release, for assault.

Released in May 2018, he tested positive for cocaine eight times and was summoned to a compliance hearing, where U.S. District Judge Vanessa Bryant told him, "I do not have time to play," and that he would be sentenced to additional time if he went before her again.

In September 2019, Rosado was the victim of an attempted robbery at a New London mini-mart during which he was shot at, according to court records. He fled before police arrived, but cash, plastic baggies and suspected marijuana were found in the car he was driving.

On Dec. 3, 2019, New London police went to an apartment at 56 Anthony Road for a report of a domestic disturbance and found 12.8 grams of cocaine in a bedroom Rosado shared with his girlfriend. Rosado remained at large until Jan. 22, 2020, when police said they found him hiding in a residence in Mystic and arrested him.

A surgical mask was hanging around Rosado's neck as he sat in front of a camera at Wyatt during Monday's Zoom conference. He appeared also to be wearing blue rubber gloves. He said Wyatt's warden and deputy warden had gone to every unit Monday to report that three officers and 17 inmates had the virus.

Defense attorney Aaron J. Romano argued that Rosado should be released to the care of his mother, Missy Rosado, or his girlfriend, Anika Smith, both of whom were on the Zoom call. Assistant U.S. Attorney Sarah P. Karwan noted that neither of those women knew his whereabouts between Dec. 3 and Jan. 22.

According to Romano, the facility reported its first confirmed case of COVID-19 on April 20. He wrote in a motion for emergency release that the inmates share a table during meals and sleep in dormitories with about 47 other people. He said the facility had not provided hand sanitizer or other sterilizing products to inmates, and the products are unavailable for purchase at the prison commissary.

Karwan wrote in an objection to the motion for emergency release that Rosado's medical records indicate he is in good health and noted he had childhood asthma, which "doesn't distinguish him from the large swath of detained individuals."

She indicated Wyatt appears to have taken a proactive approach to handling the coronavirus.

k.florin@theday.com