Parents of Emily Finn, 18-year-old killed in Nesconset shooting in November, file wrongful death lawsuit

The family of a Nesconset teenager prone to "violent, intense and emotionally/psychologically unstable episodes," who is accused of fatally shooting his former girlfriend after she ended their relationship, kept an unsecured gun within his reach that he used to kill her, says a wrongful death lawsuit filed by the 18-year-old victim's parents.

The suit, filed earlier this year by Ryan Finn and Cliantha Miller-Finn, the West Sayville-based parents of Emily Finn, describes in detail the hours before Austin Lynch allegedly shot his ex-girlfriend in the back of the head on Nov. 26, 2025, the day before his 18th birthday, as she was looking to leave his home. Lynch then turned the weapon on himself but survived a shot to his face, police said.

Lynch pleaded not guilty to second-degree murder but was found not competent to stand trial following a pair of evaluations by mental health professionals. He was committed to a state Office of Mental Health hospital until he's able to understand the charges against him and aid in his defense.

'She would still be here'

The lawsuit argues that Jason and Melissa Lynch, Austin's parents, were aware their son had been emotionally distraught after Emily ended their relationship but nonetheless convinced her to come to their Shenandoah Boulevard home to console him.

The Lynchs had "knowledge, foresight, forewarning and keen understanding that the instant source of their son Austin Lynch's latest episodic mental, emotional, and psychological issue was his relationship with" Emily, the suit states.

Brian Murtha, the Finns' Melville-based attorney, said the Lynches were aware Austin was "significantly disturbed mentally over a myriad of things," including the breakup and the recent death of a pet, and was having "extreme violent episodes." 

"They completely failed to acknowledge what they were seeing on a day-to-day basis with their son — as far as his behavior, as far as his attitude, as far as how he conducted himself in life leading up to this," Murtha said. "They ... concurrently allowed him access to weapons inside the home. If they did not allow him to have access to those weapons, she would still be here today."

Police said Lynch used a legally owned shotgun to kill Finn. 

Patricia Byrne-Blair, the Blue Point-based attorney for the Lynch family, did not respond to requests for comment.

In a written response to the lawsuit, Byrne-Blair denied the allegations, said the suit "fails to state a cause of action" and argues the Finn family lacked "personal jurisdiction" over the defendants.

The lawsuit separately argues a fraud claim against Austin's parents and Dennis and Deborah Orioles, Melissa Lynch's parents.

On Dec. 7, 2025, two weeks after Emily's death, Jason and Melissa Lynch conveyed their home to the Orioleses at no cost, Murtha said, to protect it from forfeiture in a potential civil suit.

"It shows little to no remorse," Murtha said of the transfer, which he contends was executed by Byrne-Blair. "It's just unacceptable self-preservation and selfishness."

The suit, filed in Suffolk County Supreme Court, names Jason and Melissa Lynch and the Orioleses as defendants and seeks an undisclosed financial award. It also asks the court to block any additional property or asset transfers by the Lynches.

Thanksgiving eve shooting

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

Friends told investigators the couple's relationship fell apart after Finn left to attend college at SUNY Oneonta in the fall. Lynch, who had enlisted in the Marines and was set to report to boot camp in February, became "possessive, accusatory and overbearing," Assistant District Attorney Dena Rizopoulos said at his arraignment.

Despite Austin's instability, Murtha said, the Lynches invited Emily to their home on the day of the shooting to "console" their son and to "get this breakup as amicable as possible."

In March, Austin Lynch was indicted on an additional charge of fourth-degree conspiracy for allegedly planning a burglary of the Finn family home in the weeks after Emily's death.

Lynch has pleaded not guilty to all charges, and his defense attorney, William Wexler, of North Babylon, did not respond to a request for comment on the lawsuit.

Finn, a Sayville High School graduate, was an accomplished ballerina who had dreams of becoming a teacher.

Lynch faces up to 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.