Smithtown councilman Thomas Lohmann charged with assaulting fellow councilman at Town Hall

Smithtown Councilman Thomas Lohmann pleaded not guilty Tuesday to charges that he assaulted fellow councilman and Deputy Supervisor Thomas J. McCarthy.

He was charged in First District Court with third-degree assault with intent to cause physical injury. 

Prosecutors asked for an order of protection mandating that Lohmann keep away from McCarthy while the case was being investigated and witnesses were being interviewed.

But District Court Judge Alonzo Jacobs denied the request, noting the two had worked together as colleagues for several years and he didn't believe Lohmann was a threat.

Defense lawyer Philip Branigan said his client had no criminal record and he remained committed to serving the public. Outside court he said Lohmann "maintains his innocence" and the facts of the case will come out at trial.

Lohmann was released without bail Tuesday and ordered to return to court on June 10, according to online court records. He had been arrested earlier this month at his home.

Lohmann, 68, remained on the town board as of late Tuesday.

Lohmann missed the town board's April 23 meeting, the first held since the alleged incident with McCarthy. Town spokesperson Nicole Garguilo attributed Lohmann's absence to an unspecified health issue.

Lohmann's absence was not noted by any board members during the meeting.

The board's next scheduled meeting is on May 5 at 2 p.m.

According to charging documents, the defendant struck the victim in the "left shoulder with an open right hand palm" and punched him on the "left side of his jaw with a closed right fist," causing "substantial pain and injury in his jaw and upper left shoulder."

The incident took place during a heated closed-door meeting in front of Smithtown Supervisor Ed Wehrheim, the town attorney and other council members.

"He assaulted me in executive session and was issued an appearance ticket yesterday," McCarthy said earlier this month in an interview. "For some particular reason, he came over four seats and assaulted me on the podium."

The two Republican council members were seen on a town broadcast in a heated verbal argument at the end of the meeting, following the executive session.

The video shows McCarthy speaking to Lohmann as he left the dais and then pushing Lohmann's chair as they appeared to be arguing face to face without any physical contact as other council members looked on.

McCarthy said the video was paused before executive session and resumed when the board voted to close the meeting for the day. He said he told Lohmann "never put his hands on me again" and demanded an apology, which he said Lohmann refused.

McCarthy said he couldn’t disclose the nature of the discussion leading to the alleged assault but said it involved a legal matter.

Newsday's John Asbury and Carl MacGowan contributed to this story.