Austin Lynch Charged with Conspiracy to Commit Burglary

Austin Lynch, the Nesconset man charged with the murder of his ex-girlfriend Emily Finn, has been indicted on an additional charge of conspiracy to commit burglary, Suffolk County District Attorney Raymond Tierney announced Thursday.

Lynch, who was 17 at the time of the November 2025 shooting, allegedly plotted from jail to burglarize the West Sayville home of Finn’s parents while he was in custody awaiting trial on the murder charge.

“While awaiting trial, this defendant allegedly sought to terrorize the family of Emily Finn, the young woman he is accused of killing,” Tierney said in a statement issued March 20. “Our office will not allow victims and their loved ones to be subjected to further harm.”

According to the district attorney’s office, Lynch hatched the burglary plan in December while incarcerated, recruiting a fellow inmate to carry it out. The unidentified inmate later reported the scheme to prison officials. Lynch allegedly provided the inmate with detailed floor plans of the Finn family home and specific instructions on how to enter the property.

Lynch is accused of shooting Finn at close range at his family’s home shortly after the two broke up. Finn, a freshman at SUNY Oneonta and an accomplished ballet dancer, had gone to the home to return Lynch’s personal belongings when she was shot. Authorities have described the incident as a botched murder-suicide attempt. The killing drew national attention and devastated the Sayville and West Sayville communities.

The new indictment came during a March 20 court proceeding before Acting Suffolk County Supreme Court Justice Anthony Senft Jr., the same judge who declared Lynch mentally unfit to stand trial on Jan. 30. Defense attorney William D. Wexler declined to enter a plea on his client’s behalf, citing ongoing questions about Lynch’s mental competency.

“The crux of the hearing is whether or not there should have even been an arraignment,” Wexler said.

Wexler explained that two independent psychiatrists, neither affiliated with the defense, evaluated Lynch and concluded he was mentally incapacitated. Under New York State law, criminal proceedings pause when a defendant is found unfit to stand trial through a process known as a 730 examination.

“Two psychiatrists prepared a report saying he was incapacitated. He couldn’t stand trial. At which point, all proceedings stop,” Wexler said. “How do you represent somebody who doesn’t understand the nature of the proceedings?”

Senft ordered Lynch transferred to a New York State Office of Mental Health facility on Jan. 30. As of the March 20 hearing, 49 days had passed and that transfer had not yet occurred. Lynch remains held in county jail custody. Reports indicate the delay is due to the unavailability of a hospital bed at an appropriate state facility.

The question of whether Lynch is being housed separately from the general prison population while under his declared mental status remained unanswered as of press time.

The conspiracy charge adds a new layer to what is already a high-profile case. Prosecutors are arguing that Lynch’s alleged attempt to orchestrate a burglary of the victim’s family home while awaiting murder charges reflects a continued threat to those connected to Finn.

The March 20 arraignment proceeding on the new charge unfolded with Wexler challenging the legal basis for holding any court proceedings at all given his client’s mental status ruling. That dispute is expected to continue as the case moves forward.

Lynch turned 18 on the day Finn was killed in November 2025. The case has raised difficult questions about juvenile offenders charged with violent crimes, the court’s handling of mental competency determinations, and the pace at which the state mental health system can process court-ordered transfers.

No trial date has been set. The case continues before Justice Senft in Suffolk County Supreme Court.