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Bay Shore man pleads not guilty to murder

Homicide detectives arrested Quinton Rubin, 36, of Brentwood,

Homicide detectives arrested Quinton Rubin, 36, of Brentwood, whom they said entered a trailer at the side of a residence and shot Sean Berry, 36, of Bay Shore, at 4:30 a.m. Rubin used to live in the residence, police said. (Nov. 13, 2012) Photo Credit: SCPD

A Bay Shore man pleaded not guilty Wednesday to killing his estranged wife's boyfriend.

"You murderer!" shouted the aunt of the dead man, Sean Berry, 36, of Bay Shore. Court officers ejected her from State Supreme Court in Riverhead.

Suffolk Assistant District Attorney Glenn Kurtzrock said Quinton Rubin, 36, went to his former home at 4:30 a.m. on Nov. 13 and banged on a trailer in the driveway. Inside the trailer were Berry and Rubin's wife, Melissa Oyola.

Rubin came into the trailer, hit Oyola in the head with a .38-caliber revolver, shot Berry five times in the chest, abdomen and shoulder and then left, Kurtzrock said.

He said Rubin and Oyola separated in August. Their 10-year-old son was in the house during the killing, Kurtzrock said. The son was not injured.

In addition to an eyewitness account of the shooting from Oyola, Kurtzrock said spent bullet casings recovered from a search of Rubin's house were of the same caliber as the bullets used to kill Berry. The gun itself has not been recovered, Kurtzrock said.

Defense attorney Eric Besso of Sayville said his client was a lifelong Bay Shore resident who had worked 12 years for the Town of Islip Department of Public Works.

"He's got a good track record there," Besso said. He minimized Oyola's account of the shooting, noting that the couple are estranged. Besso also said Rubin has "been a dutiful father."

State Supreme Court Justice William Condon ordered Rubin, who was charged with second-degree murder, held without bail.

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