Federal prosecutors have decided not to pursue a criminal case against former U.S. Olympian David “Davey” Hearn. They concluded that damage to the Lincoln Memorial Reflecting Pool resulted from installation flaws, not vandalism.
Jeanine Pirro, the U.S. Attorney for D.C., filed a motion on Friday to dismiss the felony charge of destroying government property. New evidence revealed the pool’s liner failed due to defects, disproving claims that Hearn intentionally caused the damage.
Hearn, a three-time U.S. Olympic canoeist, faced indictment earlier this year. Authorities had accused him of pulling up sections of the newly installed blue liner during a June visit to the National Mall. The government initially said the damage exceeded $1,000, leading to a felony charge with a potential 10-year prison sentence.
From the start, Hearn refuted claims of intentional damage. He stated he stopped during a bike ride, noticed already peeling sections of the liner, and handled a loose section without causing more harm. His lawyers argued he was wrongly accused, citing problems with the pool’s renovation.
As investigations continued, evidence showed the liner had begun separating before Hearn’s arrival. Friday’s filing noted that the pool’s bottom had “almost immediately” started peeling post-renovation.
The decision to dismiss marks a significant shift from initial government allegations, ending the prosecution. The Reflecting Pool had undergone major rehabilitation before reopening. Reports of peeling liners and other defects brought scrutiny to the renovation efforts. With this new filing, focus shifts from Hearn to the quality of construction and installation.
This case attracted national attention due to Hearn’s Olympic status and the involvement of a prominent national memorial. Prosecutors now acknowledge construction defects as the cause, bringing the case to a close.