The third-degree assault charge against Smithtown Councilman Thomas Lohmann has been officially dismissed and sealed, closing out a five-month legal saga that began with an alleged altercation between two Republican colleagues inside Town Hall. A Suffolk County First District Court disposition certificate issued Wednesday confirmed the case's end, bringing formal resolution to a dispute that started behind closed doors during an executive session in April.
According to Patch, the alleged confrontation took place on April 7 at roughly 3:30 p.m. inside Smithtown Town Hall, during a closed-door executive session attended by Town Supervisor Ed Wehrheim and the town attorney. Lohmann, 68, was accused of striking fellow Town Board member Thomas McCarthy, as News 12 New York reported. Court records show Lohmann faced a third-degree criminal assault charge stemming from that altercation, and his attorney, Philip Branigan, said Lohmann denied the allegations from the start.
DA Cites Return to Public Safety Focus
Suffolk County District Attorney Ray Tierney said Wednesday that dismissing the criminal charge allowed prosecutors to shift their focus back to public safety, adding that it was unfortunate the executive session dispute escalated into the criminal justice system, according to Newsday. McCarthy agreed to the dismissal in the case, per News 12 New York. In his own statement, McCarthy said elected officials should work together for the good of their community even when disagreements arise.
Because the incident occurred during an unrecorded executive session, the specifics of what triggered the confrontation have never been publicly disclosed, and court dispositions along with statements from the two councilmen remain the primary record of what happened. At Lohmann's April 28 arraignment in Suffolk County First District Court, Judge Alonzo Jacobs denied prosecutors' request for an order of protection against him, ruling that he did not believe the councilman posed a threat to McCarthy. Newsday reported that Lohmann pleaded not guilty at that hearing and was released without bail.
A Complicated History Between the Two Republicans
The dispute unfolded between two men with a long and tangled political relationship on the Smithtown Town Board. McCarthy, the deputy supervisor, has served on the board since 1998 and defeated Lohmann in a 2017 Republican primary, only to later cast the deciding vote that appointed Lohmann to a vacant council seat in 2018, Newsday reported. Both are Republicans who had served together on the board for eight years before the falling-out.
Lohmann brought a lengthy law enforcement resume to Town Hall before entering politics. He spent 20 years as an NYPD detective, including time as a 9/11 first responder, and later worked as an investigator for the Suffolk County District Attorney's Office, according to the Town of Smithtown. He later took a seat on the town board.
Officials Urged Caution Amid the Case
In the days after Lohmann's arrest, a Town of Smithtown spokesperson issued a statement noting that four elected officials and an officer of the court were present during the incident and urging the public to respect Lohmann's presumption of innocence, per News 12 Long Island. McCarthy's attorney pushed back on that framing, asserting that McCarthy's injuries were legitimate and not fabricated. The Town Board itself is made up of a supervisor and four council members.
The third-degree assault charge against Lohmann was a misdemeanor.
While the assault charge was pending, Lohmann was named in connection with Smithtown's Annual Public Safety Awards Ceremony, an event honoring peace officers and emergency personnel during National Police Week, according to the Town of Smithtown.
With the case now closed, Lohmann said he is energized and dedicated to delivering strong, uninterrupted, results-driven representation for Smithtown residents, according to News 12 New York.
