Austin Lynch Additionally Charged with Conspiracy to Commit Burglary

Austin Lynch, the Nesconset youth currently charged with the murder of his ex-girlfriend, Emily Finn, on the eve of the Thanksgiving holiday, as well as his 18th birthday, was indicted last week for an additional crime—the conspiracy to rob the West Sayville home of his alleged victim’s parents.
A question of due process came up in the most recent hearing of Emily Finn’s accused killer.
Photo: Getty Images.

Austin Lynch, the Nesconset youth currently charged with the murder of his ex-girlfriend, Emily Finn, on the eve of the Thanksgiving holiday, as well as his 18th birthday, was indicted last week for an additional crime—the conspiracy to rob the West Sayville home of his alleged victim’s parents.

“While awaiting trial, this defendant allegedly sought to terrorize the family of Emily Finn, the young woman he is accused of killing,” said Suffolk County District Attorney Raymond Tierney in a published statement. “Our office will not allow victims and their loved ones to be subjected to further harm.”

According to the March 20 statement issued by Tierney’s office, Lynch planned the burglary with another inmate in December while in custody awaiting trial for shooting Finn at close range when she came to his family home to return some of his personal belongings shortly after their breakup.

The unidentified inmate told prison officials that Lynch gave him intricate floor plans and instructions on how to enter the Finn family home.

Finn’s November 2025 murder was a crime that made national headlines and shook the Sayville and West Sayville communities. Finn, who was an accomplished ballet dancer in her freshman year at SUNY Oneonta, was killed by an obsessed ex-boyfriend who became fixated on her after their breakup, in what has been described as a botched murder-suicide attempt. However, none of this stopped Lynch’s defense attorney, William D. Wexler, from refusing to enter a plea on behalf of his client during the March 20 courtroom proceeding.

“The crux of the hearing is whether or not there should have even been an arraignment,” said Wexler in an exclusive interview with Great South Bay News (GSBN).

Lynch was declared mentally unfit to stand trial by Acting Suffolk County Supreme Court Justice Anthony Senft Jr. on Jan. 30—the same judge presiding at the March 20 hearing.

“It’s pretty straightforward,” Wexler explained. “The defendant was arraigned on the homicide charge. I didn’t think he understood the nature of the charges, so I informed the court. The court then ordered a 730 exam to determine his mental competency. The issue is whether he understands the charges against him and whether he can assist in his own defense. Two psychiatrists (who are not my employees or witnesses) prepared a report saying he was incapacitated. He couldn’t stand trial. At which point, all proceedings stop. How do you represent somebody who doesn’t understand the nature of the proceedings?”

On Jan. 30, Lynch was ordered to be transferred to a New York State Office of Mental Health (OMH) facility, but 49 days later, that transfer still had not taken place, and Lynch remains in prison custody.

A Newsday report on this matter stated that it is a matter of waiting for a hospital bed to become available.

We asked Wexler if his client is presently segregated from other prisoners while he remains in jail under his declared mental status.

“He should be… I don’t know what goes on inside the jail,” Wexler answered.

Ultimately, Wexler’s arguments were put aside, and Senft entered a not guilty plea on Lynch’s behalf to the charge of fourth-degree conspiracy, which carries a maximum sentence of four years, in addition to the second-degree murder charge he also faces, which could result in 25 years to life if convicted.

Senft has ordered a new mental health evaluation for Lynch, with an order for him to return to court in May.