Federal prosecutors filed a motion Friday to dismiss felony charges against former United States Olympic canoeist David Hearn, acknowledging that damage to the Lincoln Memorial Reflecting Pool resulted from contractor error rather than vandalism.
The U.S. Attorney’s Office for the District of Columbia had charged the 67-year-old Bethesda, Maryland resident with felony destruction of government property, alleging he caused more than $1,000 in damage to sealant recently installed at the bottom of the iconic Reflecting Pool. The renovation project, which carried a price tag exceeding $10 million, had been championed by President Trump.
In their court filing, prosecutors conceded the damage was actually the result of flawed installation work by Atlantic Industrial Coatings and the rush to complete the project before events associated with the America 250 celebration surrounding Independence Day.
The case began when passersby noticed chunks of the newly installed “American Flag Blue” sealant peeling from the pool’s bottom, accompanied by an algae bloom that turned the water green. President Trump repeatedly insisted the peeling resulted from vandalism rather than defects in the renovation work itself.
“Who would do such a thing?” the President wrote in a June 20 post on Truth Social that mentioned several arrests.
Hearn was arrested and detained for several hours. U.S. Attorney for the District of Columbia Jeanine Pirro subsequently unveiled an indictment accusing him of damaging “a national treasure.” The indictment alleged Hearn “forcefully and violently” pulled up and removed the bottom liner with both hands, continuing even after a National Park Service employee instructed him to stop and responding angrily to the worker.
Hearn consistently maintained his innocence throughout the ordeal. Shortly after his arrest, he explained that he merely touched a chunk of pool liner that was already detached but released it immediately when a worker told him to stop. “I’m a curious citizen,” he stated at the time.
His attorneys issued a sharp rebuke following Friday’s dismissal motion. “The Trump administration’s case against Davey Hearn should have never been brought,” attorneys Norm Eisen, Mary Dohrmann and Steve Levin stated. “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 attorneys further declared that the government “owes Mr. Hearn an apology.”
The U.S. Attorney’s Office declined to comment on the dismissal motion.
This case represents a significant reversal for federal prosecutors and raises serious questions about the rush to judgment in a matter involving a high-profile presidential project. The facts now demonstrate that an American citizen with no criminal intent was subjected to arrest, detention, and felony charges for what turned out to be a contractor’s installation failure.
The episode serves as a sobering reminder of the consequences when law enforcement acts precipitously without fully investigating the underlying facts. A decorated athlete who represented his country in international competition found himself facing serious criminal charges for the simple act of touching material that was already failing due to substandard workmanship.
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