USA31 July, 20263 min read
DOJ Dismisses Felony Vandalism Case Against Olympian David Hearn Over Lincoln Memorial Reflecting Pool
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DOJ moved to dismiss charges against ex-Olympian David Hearn in Reflecting Pool case. Damage was due to flawed installation by the contractor, not Hearn.
Case Dismissed
The U.S. Department of Justice moved Friday to dismiss a felony vandalism case against former Olympian David Hearn over alleged damage to the Lincoln Memorial Reflecting Pool in Washington, D.C., after prosecutors said newly received evidence undermined the indictment’s basis for blaming vandals.
“The DOJ said damage ‘was the result of flawed installation by the contractor.’”
Federal prosecutors said the damage was “the result of flawed installation by the contractor,” Atlantic Industrial Coatings, and they asked a judge to dismiss the case without prejudice, leaving open the possibility of bringing the charge again.
Hearn had pleaded not guilty earlier this month to one count of felony destruction of property, after U.S. Attorney for the District of Columbia Jeanine Pirro accused him of allegedly “forcefully and violently” ripping up parts of the pool floor.
The filing described how Pirro’s office learned of evidence pointing to “a rushed and flawed installation process” only after Hearn had been indicted by a grand jury, and it said the Interior Department’s documents indicated repeated failures of the lining during installation and extensive peeling throughout the Reflecting Pool.
Competing Narratives
Fox News Digital reported that prosecutors moved to dismiss after U.S. Attorney Jeanine Pirro’s office said the Department of the Interior initially provided “barebones” reports and failed to disclose records documenting extensive problems with the coating’s installation.
In the same court filing, prosecutors wrote that “Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment,” and they said it was not until after the indictment that Interior Department documents indicated the June 2026 damage resulted from flawed installation and a rush to finish before America 250 events.
AP News said the Justice Department’s filing argued that additional Interior Department documents refuted the idea that vandals were to blame, and it quoted Pirro’s filing saying it was “difficult to attribute the widespread damage to the Reflecting Pool to vandalism.”
Hearn’s lawyers framed the dismissal as an indictment of the prosecution itself, with one statement saying, “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
What Comes Next
The dismissal follows a renovation timeline that prosecutors and reporting tied to the America 250 celebration, with the DOJ filing saying the rush to complete the project before Independence Day 2026 events was part of the installation problems.
ABC News reported the Lincoln Memorial Reflecting Pool was plagued with algae and peeling paint since a $16 million renovation was completed, and it said Atlantic Industrial Coatings was paid more than $14.6 million to resurface the pool after a no-bid process to expedite the project for July 4.
NBC News reported that the Justice Department also moved to dismiss at least one of the other three misdemeanor cases brought in connection with the Reflecting Pool, while it said prosecutors had presented the grand jury with no Interior Department information indicating damage was caused by anything other than the defendant and other vandals.
Hearn, who is described by AP as 67 and of Bethesda, Maryland, had told The Associated Press he was detained by National Guard troops and U.S. Park Police for five hours after stopping by the pool during a bike ride on June 19, and he maintained his innocence as the case was dropped.