Domestic Fights Lead To Arrests

T. E. McMorrow
Mortimer Rubin is shown here being brought into East Hampton Town Justice Court to be arraigned Sunday morning. Independent/T. E. McMorrow

Three domestic disputes over the weekend led to arrests on misdemeanor charges: one in Springs, one in Amagansett, and one in Sag Harbor Village.

The Springs man arrested was Mortimer Rubin, 35, of Sherwood Lane. Rubin has a history of run-ins with the police.

In June 2013, he was charged with drunken driving and resisting arrest by East Hampton Town police. He was confrontational with the arresting officer, then tried to fight three other officers before he was subdued with a Taser gun. He ultimately pleaded guilty to both charges, and paid a fine in excess of $1800.

Then, in October 2017, police were called to Rubin’s home on a report of a domestic dispute. After police separated the domestic combatants, they reportedly agreed to take Rubin to the East Hampton train station, and placed him in the back of a patrol car. While in the car, police said, Rubin destroyed the antenna of a Kustom Signals radar unit, leading to a felony charge of criminal mischief.

According to comments made in court by attorney Edward Burke Jr., Rubin has “declined all offers on the case” from the DA’s office. Thursday, November 8 was supposed to be the day a trial date would be set for Rubin, Burke said.

However, on Saturday night, police were back on Sherwood Lane to respond to another report of domestic violence. According to the police, Rubin shoved a woman, injuring her, then grabbed a cell phone away from her to prevent her from calling police. He was charged with criminal mischief as a misdemeanor, as well as a violation charge of harassment. It is at least the sixth time in his life he has been arrested.

He was represented during his arraignment Sunday before East Hampton Town Justice Lisa Rana by Burke. “Good to see you again,” Justice Rana said to Rubin, not smiling. When he was arraigned by Justice Rana following last year’s arrest, he told her he is a licensed, armed security guard in Florida, a fact Burke repeated.

Justice Rana issued an order commanding Rubin to stay away from the alleged victim. Burke tried to argue for a low bail amount, but Justice Rana said that, beyond his multiple arrests, Rubin has a history of not showing up for court, and set bail at $2500. “There is no way I’m going to make that bail,” Rubin said.

Justice Rana reminded him to address the court through Burke, but Rubin said, again, “I’m just saying, there is no way I’m going to make that bail.” He began walking away from the judge, when an officer told him to stand still. “What are you going to do, beat me up?” Rubin asked.

“I’m very, very, very close to finding you in contempt of court,” Justice Rana warned. He was taken back to the prisoner’s bench.

Rubin did not make bail and remained in county jail as of Tuesday morning, November 6.

There was another arraignment on Sunday morning in East Hampton. B.J. Barry Bistrian, 54, of Amagansett, was also represented by Burke.

Police had been called Saturday evening to Bistrian’s residence, where he had allegedly grabbed a 12-gauge shotgun while in a heated argument with a relative. He was charged with menacing with a weapon. Under arrest, he was taken to headquarters, where he was searched. Police said they found one and a half tablets of hydrocodone in Bistrian’s pants pocket.

Burke said Bistrian had a prescription for the drug, which is considered a controlled substance. Rana agreed with Burke’s argument that Bistrian was not a flight risk, and freed him without bail.

The third arrest this weekend following a domestic dispute was that of Lydia Florio, 23, of Sag Harbor. She also was accused of shoving and hurting a relative during an altercation, as well as damaging a cell phone to prevent the woman from dialing 911, leading to a misdemeanor criminal mischief charge and harassment violation. She was arrested after police were called to the Madison Street residence where Florio lives with the alleged victim. Florio was released later that morning without bail, but with a future date on the Sag Harbor Village criminal calendar.

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