Bay Shore man convicted in slaying of estranged wife's lover

Quinton Rubin, 37, of Bay Shore, pictured in

Quinton Rubin, 37, of Bay Shore, pictured in this Nov. 14, 2012 photo, was convicted in the fatal shooting of his estranged wife's boyfriend, Sean Berry, 36, of Bay Shore. (Credit: SCPD )

A Bay Shore man was convicted Thursday of shooting his estranged wife's lover to death in front of her.

A Suffolk County jury convicted Quinton Rubin, 37, of second-degree murder after deliberating about eight hours over two days.

The jury found that Rubin went to his former Bay Shore home, where his wife was sleeping in a trailer in the driveway with Sean Berry, 36, and shot him five times.

Berry's family members clapped as they heard the verdict. One woman shouted "Yes!" and then collapsed, sobbing. They declined to comment afterward.

During the trial, Melisa Oyola testified that she spent the night of Nov. 12, 2012, in the trailer in front of her home with Berry, while her son, Quinton Jr., 10 at the time, slept in the house.

About 4:30 a.m. the next morning, a man wearing a mask knocked on the trailer door, she said. She recognized the man as her husband from his eyes, his build and his voice, she testified.

She said Rubin shot Berry once as soon as the door opened, hit her in the mouth with the gun, yelled angrily at Berry as he accused him of having sex with his wife and then shot him several more times.

"They clearly came to the right decision," Assistant District Attorney Glenn Kurtzrock said of the jurors.

In addition to Oyola's testimony, jurors said they relied heavily on cellphone data that showed Rubin going from his new home to his former one after his son called him and said he didn't feel well, and that Oyola was in the trailer with Berry.

The data showed Rubin returning to his home after the shooting.

"The phone records were certainly an extremely important piece of evidence," Kurtzrock said.

"It's a tragedy that happened," defense attorney Eric Besso of Sayville said later. "I still feel it was against the evidence."

But jurors felt otherwise. During a discussion afterward, one juror told Besso: "I don't think you had a lot to work with. The cellphone data was damning."

State Supreme Court Justice William Condon will sentence Rubin on April 16 in Riverhead. Rubin faces a maximum of 25 years to life in prison.

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