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Smithtown councilman pleads not guilty to assault charge

Prosecutors say Lohmann assaulted Councilman Tom McCarthy during a town board meeting earlier this month.

Logan Crawford

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Apr 28, 2026, 5:15 PM

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Smithtown Councilman Thomas Lohmann pleaded not guilty Tuesday to assault charges stemming from an alleged altercation with a fellow town board member.

Prosecutors say Lohmann assaulted Councilman Tom McCarthy during a town board meeting earlier this month. According to McCarthy, Lohmann shoved him and then punched him in the face in front of the rest of the town board.

Lohmann’s attorney, Philip Branigan, said his client denies the allegations.

“Councilman Lohmann maintains his innocence,” Branigan said. “The facts will come out at trial.”

McCarthy says the alleged assault occurred during a private executive session inside Smithtown Town Hall, when the public meeting camera had been turned off. Both prosecutors and Lohmann’s defense attorney said in court that the only witness statement currently on record is from McCarthy himself.

In a statement released to News 12, a spokesperson for the Town of Smithtown writes:

"The Town Board does not override democracy—the voters decide who serves. Councilman Lohmann is a 9/11 first responder, a retired and decorated NYPD detective, and a respected public servant who is entitled to the full presumption of innocence and due process. Four elected officials and an officer of the court were present during the alleged incident. We are confident the truth will prevail in court, and those responsible for false accusations and smearing his name will be held accountable."

McCarthy’s attorney responded by saying his client was disturbed by the town’s statement, adding that McCarthy’s injuries are legitimate and not fabricated.

Lohmann did not comment as he left court. The case is scheduled to return at a later date.

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