Judge Permanently Dismisses Vandalism Case Against Former Olympian at Lincoln Memorial

A judge on Thursday permanently dismissed the vandalism case against former Olympian David Hearn concerning damage to the Lincoln Memorial Reflecting Pool. D.C. Superior Court Judge Todd Edelman’s ruling was made with prejudice, meaning the Department of Justice cannot refile the same charges against Hearn.

Edelman rejected prosecutors’ request to preserve the possibility of recharging Hearn if new evidence surfaced, finding that existing investigative findings were sufficient to show the damage stemmed from a flawed renovation job. "In the exceptional circumstances posed by this case, the government has no right to retain the ability to compound the errors it has already made, or even to threaten to do so, at Mr. Hearn’s expense," Edelman stated. "This case must be dismissed with prejudice, and the government must thus be barred from reinstituting this charge against Mr. Hearn."

Hearn’s counsel described the decision as a victory for "an innocent American seeking justice," adding that the case "never should have been brought in the first place" and calling it a "miscarriage of justice."

Hearn was arrested in June and indicted on one felony count of destruction of property for allegedly damaging the pool’s lining. Prosecutors had alleged that Hearn was seen pulling at a loose section of the pool's coating, causing about $1,000 in damage, and continued to do so after National Park Service employees told him to stop.

The Department of Justice had moved to dismiss the indictment after evidence from the Department of the Interior indicated that the damage was caused by a "rushed and botched" installation by contractor Atlantic Industrial Coatings ahead of the America 250 celebrations. Documents stated that Hearn touched peeling perimeter "overspray" material that was already detached and had minimal economic value.

Former President Donald Trump had previously criticized the DOJ's decision to drop the case, calling it "hastily made" and maintaining that the pool was vandalized. He cited witness accounts of "vandalism" and claimed the flexible material was cut with a knife.