The Justice Department has moved to dismiss criminal charges against former Olympian David Hearn, who was accused of deliberately damaging the Lincoln Memorial Reflecting Pool in Washington, D.C. This development comes after prosecutors received new evidence indicating that the damage was more likely caused by construction issues rather than vandalism.
In a detailed 20-page court filing submitted Friday, government attorneys cited documents provided by the Interior Department following Hearn’s indictment. These documents suggest that the damage resulted from a flawed installation by the contractor and a hurried effort to complete renovation work ahead of the America 250 celebration events scheduled around Independence Day 2026. The filing also referenced a recent inspection that found damage throughout the reflecting pool, including in areas unlikely to have been targeted by vandals, such as the center of the pool where prosecutors had originally claimed peeling occurred.
“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the reflecting pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” the filing said. The dismissal request was submitted by U.S. Attorney Jeanine Pirro.
Hearn’s legal team responded to the dismissal by criticizing the government for what they described as an unjustified prosecution. They said the charges against their client should never have been brought and called for an official apology. “Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology,” the statement said.
Hearn, a 67-year-old Bethesda, Maryland resident, pleaded not guilty in July to a felony charge of property destruction. The charge, carrying a potential prison sentence of up to 10 years upon conviction, alleged that he caused more than $1,000 in damage to the pool. His trial had been scheduled to begin on September 28 in D.C. Superior Court.
The situation escalated during an incident in June when Hearn was detained by National Guard troops and U.S. Park Police after stopping at the reflecting pool during a bike ride. Hearn acknowledged that he briefly touched a peeled portion of the pool’s newly applied lining but said he complied with a park worker’s instructions to release it.
Supporters of Hearn have characterized the prosecution as politically motivated, linking it to the Trump administration’s broader efforts. The case had garnered attention partly because the renovations to the reflecting pool had been initiated under former President Donald Trump as part of preparations for the nation’s 250th anniversary celebrations. Trump had alleged, without providing evidence, that the damage was caused by vandals.
The Justice Department’s move to dismiss the charges marks a significant shift in the case and represents a setback for prosecutors who initially sought to hold Hearn accountable for the reflecting pool damage.