The Department of Justice (DOJ) announced on Friday, July 31, 2026, that it will drop its criminal prosecution of David Hearn, a former Olympian charged with destroying the Lincoln Memorial Reflecting Pool. Prosecutors now attribute the damage to a “rushed and botched installation” rather than vandalism.

U.S. Attorney Jeanine Pirro’s office blamed the contractor, Atlantic Industrial Coatings, for overspraying and delamination issues. Newly released documents reveal that the installation work fell behind schedule due to very rainy and windy weather, repeated failures in sealing expansion joints, and delays in obtaining sealing products at the worksite. This led to hasty and flawed work that was not corrected before the project’s completion and removal of fencing.

Hearn, a three-time Olympic canoeist, had pleaded not guilty earlier this month to felony destruction of property after prosecutors accused him of forcefully ripping up the new bottom liner of the pool, causing over $1,000 in damage to two square feet of sealant.

However, prosecutors now acknowledge that some damage occurred in areas unlikely to have been caused by vandalism. A National Park Service engineer had raised concerns about peeling days before Hearn’s arrest. The Interior Department’s initial report on the incident was described as “barebones” in the new court filing.

The final decision to dismiss the charges against Hearn rests with the judge overseeing the case. The Reflecting Pool repair is part of broader efforts by the administration to improve Washington, D.C., ahead of the nation’s 250th birthday celebrations.

Sources