The Trump administration has dropped a felony case against former Olympic canoeist David “Davey” Hearn, who had been accused of damaging the Lincoln Memorial Reflecting Pool. In a court filing submitted Friday, the U.S.
Government lawyers stated that the damage occurred in June 2026 and was actually the result of a botched installation
by the contractor, Atlantic Industrial Coatings, rather than vandalism. The filing noted that the Department of the Interior provided additional documents after the indictment that revealed the flaws in the installation and a rush to complete the project
before events tied to the America 250 celebration surrounding Independence Day 2026.
The Arrest and Allegations
Hearn, 67, of Bethesda, Maryland, was arrested on June 19 after stopping at the pool during a bike ride. He told the Associated Press he was detained for five hours by U.S. Park Police and National Guard troops. Hearn stated he had touched a piece of the pool’s coating that was already peeling and obeyed a park worker who told him to let go. He told NBC News the pool’s condition was the same after he touched the water as it was when he arrived.
Despite these claims, U.S. Attorney Jeanine Pirro previously alleged that Hearn was seen forcefully and violently pulling up and removing the bottom liner
of the pool using both hands. Hearn was charged with one felony count of property destruction, alleging he caused more than $1,000 in damage. He pleaded not guilty and was facing a trial scheduled for Sept. 28 in D.C. Superior Court, with a maximum possible prison sentence of 10 years.
Renovation Failures and “American Flag Blue”
The criminal charges followed a renovation of the century-old pool that President Donald Trump pledged would beautify the site for the nation’s 250th birthday. The project involved draining the pool and painting the bottom a color the president called American flag blue.
The project, described by the Justice Department as hasty and botched,
has been plagued by issues:
- Costs for the renovation are cited between $14 million and $16 million.
- The water suffered from an algae bloom for over a week following rehabilitation.
- Pieces of the new coating peeled off the bottom.
- An Associated Press reporter and photographer observed the liner appeared grayer than the intended “American flag blue” after the pool was drained for further rehab.
Legal Outcome and Reactions
The Justice Department concluded that it would be difficult to attribute the widespread damage to vandalism or establish such a fact beyond a reasonable doubt.
In addition to dropping the case against Hearn, Pirro’s office moved to dismiss at least one of three other misdemeanor cases related to the Reflecting Pool.
Hearn’s attorney, Steven Levin, stated that the case should never have been brought
and described the arrest of the patriotic American
as an abuse of government power. Levin characterized the government’s approach as ready, shoot, aim
(or ready, fire, aim
) and asserted that the federal government owes Hearn an apology.
When contacted by CNN on Friday evening, an employee with Atlantic Industrial Coatings stated they had not heard about the new filing and declined to comment.
Hearn is a three-time Summer Olympian whose best finish was ninth at the 1996 Atlanta Olympic Games, according to the U.S. Olympic and Paralympic Committee.
