Davey Hearn’s Case Dismissed With Prejudice: It’s Over
October 1, 2026
Today, the Superior Court of the District of Columbia dismissed the criminal case against my longtime friend and coach Davey Hearn with prejudice, permanently ending a prosecution that should never have reached this point.
Judge Edelman’s order is remarkable for the clarity of its findings. Describing what happened after Davey was indicted for felony destruction of property involving the Lincoln Memorial Reflecting Pool, Judge Edelman wrote that within a month the government recognized that its prosecution “lacked merit” because “no crime had occurred.” The Court explained that the damage observed in the pool resulted from a contractor’s ‘rushed and botched’ installation of the lining and that Davey’s actions had no effect on the value of the Pool.
The government had already asked the Court to dismiss the indictment, but it sought dismissal without prejudice, which would have preserved the possibility of prosecuting Davey again. Judge Edelman concluded that the circumstances warranted finality.
As the Court explained, “the government’s legitimate interest in preserving the possibility of another prosecution ‘seems so marginal.,” while there remained an “extraordinary possibility that Mr. Hearn will nonetheless face a meritless, politically motivated prosecution.” Judge Edelman concluded that the Court had an obligation to protect Davey from the uncertainty that would accompany a dismissal without prejudice and from what the Court described, objectively, as “harassment.” The order therefore dismissed the case with prejudice, permanently foreclosing this prosecution.

For me, this case has always been personal. I have known Davey for almost three decades through the whitewater racing community. Davey is a three-time Olympian, a two-time World Champion, a coach, a mentor and a friend. I also previously served as Chair of USA Canoe/Kayak, the national governing body for U.S. Olympic canoe and kayak sports, as well as Chair of the Potomac Whitewater Racing Center. My years working within our Olympic paddling community gave me a firsthand appreciation not only for Davey’s extraordinary accomplishments as an athlete, but also for the decades he has spent giving back to the sport, our public lands, and our community.
That history was one reason this prosecution was so difficult to watch unfold. Davey has spent decades representing our country internationally, coaching and mentoring generations of paddlers, volunteering throughout our community, and helping care for the National Park Service property along the Potomac. When prosecutors and the White House portrayed him as someone who had maliciously destroyed federal property, I repeatedly said that characterization made no sense to anyone who had ever known Davey, and I was proud to stand with him publicly from the beginning.
My support was never about asking for special treatment because Davey is an Olympian or because he is someone I know personally. It was about insisting on fairness, proportionality, and a justice system grounded in facts and evidence. The government itself ultimately moved to dismiss the indictment after receiving information showing that problems with the Reflecting Pool lining predated the incident involving Davey and were attributable to installation issues.

I am also grateful to Congressman Jamie Raskin for standing with Davey throughout this process. Congressman Raskin publicly supported Davey after the charges were brought and later joined us outside the D.C. Superior Court, where he spoke at a rally calling for due process and finality in the case.
Most importantly, today’s ruling finally gives Davey and his family the certainty they have deserved throughout this ordeal. After months of an indictment, national attention, and the possibility that the prosecution could somehow be revived, Judge Edelman’s order closes that door permanently.
I could not be happier for Davey and his family that this case has now been dismissed with prejudice and that they can finally put this prosecution behind them. I am also thankful that, in this case, justice under the law prevailed.
