The former Olympian accused of vandalizing the Reflecting Pool in a case championed by President Donald Trump has officially had his case dismissed.

David  Davey  Hearn's case was dismissed with prejudice, meaning the same case cannot be brought against him again.

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In a scathing order issued Thursday, Superior Court Judge Todd Edelman blasted the government's actions.

 Because of the extraordinary possibility that Mr. Hearn will nonetheless face a meritless, politically motivated prosecution, the Court has an obligation to protect him from the uncertainty that a dismissal without prejudice entails, and from what, objectively, would be harassment. 


The Office of U.S. Attorney for D.C. Jeanine Pirro did not immediately respond to an inquiry.

After the Trump administration spent more than $14 million to change the color of the Reflecting Pool, the new liner began peeling off. Trump blamed vandals, and four people were arrested, including Hearn, a three-time Olympic athlete who was the only person charged with a felony.

Hearn has insisted upon his innocence since the day he was arrested. He said he was riding his bike in June when he touched a piece of the coating that already was detached.

At the time of his indictment, Pirro said in no uncertain terms that Hearn was a vandal.

 He damaged the pool,  she said.

In August, her office filed a motion with the court seeking to dismiss the charges, writing that the damage was not caused by Hearn and others but instead was  a result of flawed installation by the contractor.  Prosecutors wrote that the Department of Interior had not told them about the issues with the installation.

On social media, Trump slammed Pirro's decision and maintained that  the major damage was caused by VANDALS! 

Hearn's attorneys said in August that he could sue the federal government.

 All options are on the table. For now, we're focused on getting the case dismissed,  said Norman Eisen, chairman of the Democracy Defenders Fund.

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