Suspected killer Austin Lynch planned to rob house of ex-girlfriend after her death, Suffolk prosecutors say

A Suffolk teen accused of killing his former girlfriend as she visited him to return his belongings in November is facing a new charge for allegedly planning a burglary of her family’s home in the weeks after her death.

Suffolk prosecutors said Austin Lynch, 18, of Nesconset, drew a map of Emily Finn’s West Sayville home and told a fellow inmate at the Suffolk County jail where to find valuable items like her jewelry.

Assistant District Attorney Dena Rizopoulos said Lynch, already in custody on the murder charge, could gain no benefit from the burglary other than to torment Finn's family.

"He wanted to continue to make this family suffer," Rizopoulos said at his arraignment Friday.

Acting Suffolk Supreme Court Justice Anthony Senft entered a plea of not guilty to fourth-degree conspiracy on Lynch’s behalf after his defense declined to participate in the proceeding due to a prior order declaring Lynch not fit for trial. The competency issue led to legal arguments, including an off-the-record conference in Senft's chambers, and tension in the courtroom.

Lynch was found not competent to stand trial on the initial charge following a pair of evaluations by mental health professionals. Senft ordered Lynch committed to a New York State Office of Mental Health hospital Jan. 30 until he is able to understand the charges against him and aid in his defense.

Defense attorney William Wexler, of North Babylon, told the judge his client’s mental status did not "magically change" because a new charge was filed.

"If the Office of Mental Health determines that he is fit and restores him, then of course," Wexler said of holding an arraignment. "That's why we have the law, 730. I didn't make it up, the [State] Legislature did. If the DA doesn't like it, that's on them."

The district attorney’s office disagreed with the defense position, arguing the previous mental health order only applies to Lynch's ability to understand the murder charge and not the newly alleged conspiracy. Rizopoulos said prosecutors learned of the planned burglary through a confidential informant at the jail, where Lynch has remained awaiting a hospital bed.

Senft ordered a new mental health evaluation and ordered Lynch returned to court in May. The judge described the legal arguments regarding Lynch's competency status as "new to this court."

"There has been a lag of time where the defendant has remained at the Suffolk County Correctional Facility," Senft said. "This court has no ability to determine whether he has regained his mental capacity. I am not a mental health professional."

Rizopoulos said Lynch planned the burglary of the home sometime between Dec. 4 and 24.

Lynch allegedly told the cooperating inmate, who has not been charged or identified, where he could find a key to the home and said there were no security cameras on the property, Rizopoulos said. He also explained where Finn’s bedroom was on the second floor, she said.

The details from the informant could only be known through someone like Lynch, who has a familiarity with the family home, the prosecutor argued. While the home was not broken into, Rizopoulos said Finn's parents had to be notified of the plan and they suffered more emotional distress. 

"They have been terrorized as a result of this," Rizopoulos told the court, adding that the family now has to consider changes to the home to prevent Lynch from planning another burglary.

Friends and family of Finn in attendance Friday wore pink and held up photographs of the dancer and aspiring teacher in court. They let out sighs of frustration when Wexler raised his legal arguments and one man let Lynch know his feelings as he was escorted from the courtroom.

Lynch had pleaded not guilty to second-degree murder in the Nov. 26 shooting death of Finn, who had visited him to return his belongings following a breakup. Prosecutors have said Lynch fired a single shot from close range into the back of Finn's head as she was looking to leave his home before turning the gun on himself, surviving a shot to his face.

Prosecutors have called Lynch's actions, which occurred on the eve of both Thanksgiving and his 18th birthday, premeditated and intentional, arguing he was distraught after Finn ended their three-year relationship two weeks earlier, and had declared his intent to show her "how angry he was" and end his life.

Finn, 18, had just returned home for the holiday from SUNY Oneonta when she arrived at Lynch's house shortly before 10 a.m. the morning of the killing. 

Friends told investigators the young couple's relationship had broken down after Finn left to attend college in the fall and Lynch, who had enlisted in the Marines and was set to report to boot camp in February, became "possessive, accusatory and overbearing," Rizopoulos said at his Dec. 5 arraignment.

On two visits he made to her school in October, the last one on Halloween, the couple fought, witnesses told police.

When they broke up in November, Finn blocked Lynch's number because he was "texting [her] incessantly," Rizopoulos previously said. Friends told investigators Finn feared Lynch, who indicated to others he was suicidal and "hated her," but she was intent on returning his belongings, prosecutors have said.

Lynch is facing the possibility of serving 25 years to life in prison if restored to competency and convicted on the murder charge and an additional 1¼ to 4 years for conspiracy.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.