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Federal prosecutors moved Friday to dismiss a felony vandalism case against former U.S. Olympian David Hearn, after he was accused of vandalizing the Reflecting Pool in Washington, D.C., as seen in a court filing obtained by Fox News Digital.
Hearn was indicted July 2 on one count of felony destruction of property. U.S. Park Police alleged Hearn grabbed and tugged at a loose section of the pool’s coating on June 19, continuing after a National Park Service employee told him to stop. Officials initially claimed he caused more than $1,000 in damage.
However, U.S. Attorney Jeanine Pirro’s office said the Department of the Interior initially provided prosecutors with “barebones” reports and failed to disclose records documenting extensive problems with the coating’s installation.
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“Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment,” prosecutors wrote.
“It was not until after the return of the indictment, that the DOI provided additional documents to the USAO-DC indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings (‘AIC’), and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”
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The DOJ said the new evidence made it difficult to prove beyond a reasonable doubt that Hearn caused the damage. Prosecutors asked the court to dismiss the indictment without prejudice, which would leave open the possibility of bringing the charge again.
Hearn has previously beaten federal charges.
Hearn was arrested by the U.S. Park Police nearly 30 years ago and ended up beating the charges, according to a 1996 Washington Post article.
That year, the Potomac River turned violent, as intense, heavy rains pushed the water to a terrifying, near-record flood level of 60,000 cubic feet per second.
Authorities immediately issued an emergency river closure. But Hearn took his whitewater canoe straight into the raging rapids, where officers later swooped in and arrested him.
He was charged with failing to obey a lawful order. But Hearn fought the case in court and won on a stunning technicality. But a federal judge dismissed the charges, ruling the Potomac River is controlled by the state of Maryland, meaning the federal Park Police had zero jurisdiction over the water.
Hearn’s arrest became a viral sensation after it was captured by journalist Emily Miller. Miller filmed a two-minute video of Hearn being detained, which quickly went viral on X.
Miller accused Hearn of grabbing a hose that female National Park Service workers were using to clear the algae. Hearn denied the accusation, though he admitted his bike tire might have bumped it.
Hearn’s attorneys are demanding an apology on behalf of the Olympian.
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“The Trump administration’s case against Davey Hearn should never have been brought. 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,” said Hearn’s attorneys Norm Eisen, Mary Dohrmann and Steve Levin in a statement, per The New York Post.
Fox News Digital has reached out to the DOI for comment.
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