Teen accused of killing ex-girlfriend will undergo third mental health examination
Austin Lynch is due back in court on Sept. 17.
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A man accused of fatally shooting his ex-girlfriend in Nesconset last year will undergo a third mental health examination after he was first found to be incapacitated but later found fit to stand trial.
Austin Lynch was charged with murder, accused of shooting his ex-girlfriend Emily Finn to death.
He was found incapacitated and directed to be placed into the care and custody of the Office of Mental Health.
When he was later charged with conspiracy, accused of planning a burglary from behind bars, he was found fit to stand trial.
In light of the disparate findings, Judge Anthony Senft has now ordered a third mental health examination to take place at the jail where Lynch is being held.
Lynch's attorney William Wexler said the second finding - that his client is fit to stand trial - does not "nullify" the first.
"I still have a defendant that's incapacitated," he told the judge.
Wexler argued that his client should be placed into an Office of Mental Health facility to be treated, as Wexler said was directed when Lynch was found to be incapacitated.
But prosecutor Dena Rizopoulos said that Lynch is "fit" to proceed to trial, noting that he "committed a crime" while in jail - a crime, she said, where he was "clear headed."
She referred to Lynch as a "danger to the community."
Finn's loved ones attended Tuesday's court proceeding. They did not comment to reporters.
Lynch is due back in court on Sept. 17.
