Emily Finn's parents sue alleged killer Austin Lynch, seeking compensation for funeral expenses, other costs

The parents of a West Sayville college freshman are seeking monetary damages for funeral expenses from the ex-boyfriend who allegedly shot and killed their daughter, according to a lawsuit filed Wednesday.

Ryan Finn and Cliantha Miller-Finn, the parents of Emily Finn, 18, are suing Austin Lynch, 18, of Nesconset, for an amount they seek to have determined at trial, according to a complaint filed in Suffolk County Supreme Court.

The Finns argue Lynch "violently and maliciously" shot their daughter at his home with a firearm kept on the property, which caused them to incur "large sums of out-of-pocket expenses for funeral care."

The Finns intend to hold Lynch liable for his "intent and decision," Brian Murtha, their Melville-based attorney, told Newsday. It was filed now, while Lynch still faces criminal charges, to prevent the one-year statute of limitations on the civil suit from expiring, he added.

"Emily was a beautiful girl. She had a whole life ahead of her," Murtha said in a Thursday afternoon phone interview. "It's absolutely horrid what happened to her. It's just unfair that this boy's decisions and really spoiled decision-making pulled her from all of us." 

Due to Lynch’s actions, the suit says, the Finns "have forever been deprived" of the "love, society, companionship, contribution, services, voluntary assistance, possible inheritance and financial support of their daughter" to which they were entitled. Following her death, they faced "expenses in various and diverse amounts, and funeral and other expenses" connected to her burial, the suit says, and they will also incur expenses as they settle her estate.

William Wexler, the North Babylon-based attorney representing Lynch, did not return phone messages seeking comment.

Wednesday’s filing marks the second lawsuit Finn’s parents have filed in Suffolk County Supreme Court since her death. On Jan. 27, they filed a wrongful-death suit arguing Lynch’s parents ignored his "latest episodic mental, emotional, and psychological issue" caused by his breakup, Newsday previously reported. His parents, Jason and Melissa Lynch, invited Finn into their home where they had a legally owned but unsecured shotgun he allegedly used to shoot her in the back of the head the day before his 18th birthday, Newsday previously reported.

On Nov. 26, Finn arrived at Lynch’s Shenandoah Boulevard North home to return some of his belongings after ending their three-year relationship, Newsday reported. After she turned to leave, Lynch allegedly shot her before turning the gun on himself and pulling the trigger. He was hospitalized with injuries but survived. Finn was pronounced dead at the scene.

Lynch’s actions were premeditated and intentional to show Finn his anger with her before planning to end his own life, prosecutors previously said.

Lynch pleaded not guilty to second-degree murder but was deemed unable to stand trial by mental health professionals and remanded to a state Office of Mental Health hospital, Newsday reported. He later pleaded not guilty to a conspiracy charge for allegedly planning a burglary of Finn's parents' home with a fellow inmate of the Suffolk County Correctional Facility in Riverhead. He was determined to be fit for trial on that charge.

On Tuesday, Suffolk County Court Judge Anthony S. Senft Jr. ordered Lynch to undergo a third mental health evaluation to determine whether he is competent to stand trial on the murder charge against him, Newsday reported.