Assault Charge Against Smithtown Councilman Dismissed and Sealed

A criminal assault charge against Smithtown Town Board member Thomas Lohmann was dismissed and sealed Wednesday, ending a five-month case that began with an alleged confrontation between two Republican colleagues behind closed doors.

A Suffolk County First District Court disposition certificate confirmed the closure. The charge stemmed from an April 7 incident during a closed-door executive session at Smithtown Town Hall attended by Town Supervisor Ed Wehrheim and the town attorney. No recording of the session exists.

Lohmann, 68, was accused of striking fellow councilman Thomas McCarthy. McCarthy alleged Lohmann shoved him, then punched him in the face. Lohmann's attorney, Philip Branigan, denied the allegations from the start. At an April 28 arraignment in First District Court, Lohmann pleaded not guilty and was released without bail. Judge Alonzo Jacobs denied prosecutors' request for an order of protection, finding Lohmann did not appear to pose a threat to McCarthy.

Because the altercation happened in an unrecorded executive session, what triggered it was never made public. Court records at arraignment showed McCarthy's account as the sole witness statement on file — a point both prosecutors and the defense acknowledged at the April hearing.

McCarthy agreed to the dismissal. In a statement, he said elected officials should work together in the interest of their constituents. Lohmann is a retired NYPD detective and a 9/11 first responder.

The town had said earlier it was confident the truth would prevail in court. With the case closed, no finding of guilt or innocence was formally entered.