From left, Smithtown councilmen Thomas J. McCarthy and Thomas Lohmann.

From left, Smithtown councilmen Thomas J. McCarthy and Thomas Lohmann. Credit: Rick Kopstein

An assault charge was dismissed Wednesday against a Smithtown councilman accused of striking a fellow town board member in April, court records show.

Thomas Lohmann, 68, no longer faces criminal charges related to the incident, which involved fellow Republican Councilman Thomas J. McCarthy and occurred during a closed-door meeting in the presence of the town supervisor and other council members.

"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 in a statement.

McCarthy, in an emailed statement, said he agreed with the dismissal. Both councilmen said it enables them to focus on public service.

"There comes a time when healing is better served by looking forward than looking backward," McCarthy said.

Attorney Philip Branigan, who represented Lohmann on the third-degree assault charge, said in a news release that the dismissal came after evidence from a defense investigation was presented to the Suffolk County District Attorney's Office.

District Attorney Ray Tierney said the end of the criminal case allows prosecutors from his office to return to "keeping Suffolk County residents safe."

"It is unfortunate that the alleged conduct in this case escalated to the point of involving the criminal justice system," Tierney said in a statement.

The altercation stemmed from a disagreement between the two men during the April 7 Smithtown Town Board meeting.

The alleged assault took place during an executive session. A public broadcast of the meeting after the board returned from the closed-door session showed McCarthy speaking to Lohmann as he left the dais and then pushing Lohmann's chair. They appeared to be arguing face to face without any physical contact as other council members looked on.

Charging documents alleged Lohmann struck McCarthy 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."

Lohmann was arrested the following day and pleaded not guilty at his arraignment before District Judge Alonzo Jacobs later that month.

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

Lohmann did not attend a second town board meeting in April but returned to the dais in May. Both he and McCarthy continue to serve on the five-member board.

McCarthy said he "bears no ill will" toward his colleague.

"My hope is that this resolution brings a measure of peace to all involved," he said.

Newsday's Jean-Paul Salamanca contributed to this story.

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