U.S. Attorney for the District of Columbia Jeanine Pirro has filed a motion to dismiss the indictment against former Olympian David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool in June.

In moving to dismiss the case, Pirro admitted that the damage to the landmark was the “result of flawed installation by the contractor” instead of intentional vandalism. Hearn allegedly tore the Reflecting Pool’s lining, federal authorities previously said. But by the June 19 incident that led to his arrest, the lining had already begun to peel.