Assault Charge Against Smithtown Councilman Dismissed After 5 Months

SMITHTOWN, NY — An assault charge against Smithtown Councilman Thomas Lohmann stemming from an altercation with fellow Councilman Tom McCarthy in April has been dismissed, according to a court document provided by Lohmann's attorney.

A Suffolk County First District Court disposition certificate dated Sept. 16 shows that the third-degree assault charge against Lohmann was dismissed.

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The dismissal comes more than five months after Lohmann was arrested in connection with an incident during a closed-door executive session at Smithtown Town Hall.

Lohmann was arrested April 8 at his Smithtown home and issued a field appearance ticket for third-degree assault, a misdemeanor, Suffolk County police previously told Patch.

The charge stemmed from an April 7 incident around 3:30 p.m. at Smithtown Town Hall, located at 99 W. Main St.

Police said at the time that Lohmann struck a 68-year-old man in the shoulder with an open hand and punched him in the jaw. The man suffered minor injuries, police said.

Newsday identified the man as McCarthy, the town's deputy supervisor, who told the outlet that Lohmann struck him multiple times during a heated discussion in executive session.

Lohmann's attorneys said the dismissal vindicates their client, who has maintained his innocence since the allegations first surfaced.

"The comprehensive evidence compiled by our investigation and presented to the District Attorney's Office—reinforced by the DA's own independent review—made it undeniably clear that there was absolutely no case to pursue," the attorneys said in a statement.

In a statement provided through his attorneys, Lohmann thanked his colleagues and Smithtown residents for their support.

"I am profoundly grateful to my colleagues in the Smithtown Town government and the countless residents whose unwavering support never faltered during this time," Lohmann said. "With this matter conclusively closed, my focus remains exactly where it has always been. I am energized and entirely dedicated to delivering strong, uninterrupted, and results-driven representation for the people of Smithtown."

The court document lists Sept. 16 as the disposition date and identifies the charge as dismissed and sealed.

Lohmann is a former New York Police Department officer who later worked as an investigator with the Suffolk County District Attorney's Office before entering local government.

McCarthy has served on the Smithtown Town Board since 1998.