SMITHTOWN, NY — A third-degree assault charge against Smithtown Councilman Thomas W. Lohmann has been dismissed, ending a criminal case that began following an April confrontation involving fellow Councilman Thomas J. McCarthy.
A Suffolk County First District Court disposition certificate dated September 16, 2026, lists the charge as dismissed, according to reporting based on the court document. The dismissal means Lohmann no longer faces the criminal charge arising from the April incident.
The confrontation occurred during an executive session connected to the April 7 Smithtown Town Board meeting. Lohmann was arrested the following day and charged with third-degree assault, a misdemeanor. Charging documents alleged that Lohmann struck McCarthy in the shoulder with an open hand and then struck him in the jaw with a closed fist. Those allegations were never established as facts at trial, and Lohmann pleaded not guilty.
According to Lohmann’s attorney, Philip Branigan, the dismissal followed a defense investigation and the presentation of evidence to the Suffolk County District Attorney’s Office. That explanation represents the defense’s account of the circumstances preceding the dismissal.
Suffolk County District Attorney Ray Tierney issued a statement following the disposition, describing the escalation of the dispute into the criminal justice system as unfortunate and saying the conclusion of the case allows prosecutors to return their attention to public-safety matters.
McCarthy also said he agreed with the dismissal and bears no ill will toward Lohmann, according to his statement reported Wednesday. Both men continue serving on the Smithtown Town Council. The Town’s official roster currently lists McCarthy, Lynne C. Nowick, Lisa M. Inzerillo and Lohmann as its four council members.
The dismissal closes the criminal prosecution without a conviction against Lohmann. It should not be characterized as an acquittal following trial, because the case ended through dismissal rather than a trial verdict.


