DC Superior Court Judge Todd Edelman denied release of one co-defendant in a fatal shooting case, while deliberating the fate of the other defendant after new testimonyon Oct. 29.
Randall Mack, 42, and Phillip Palmer, 62, are charged with first-degree murder while armed, conspiracy, robbery while armed, and two counts of possession of a firearm during a crime of violence. Mack is additionally charged with unlawful possession of a firearm.
The charges are in connection to their alleged involvement in the fatal shooting of 61-year-old Steven Stewart at the 600 block of 21st Street, NE, on May 2.
Palmer’s attorney, Joseph Yarbough, called a Metropolitan Police Department (MPD) detective who testified that there were two different caliber shell casings found in the victim’s apartment, a nine millimeter shell casing and multiple 22 millimeter casings.
According to the detective, a nine millimeter handgun was next to the victim and had a crooked casing inside indicating that it had jammed. Yarbough noted that the handgun was initially underneath the victim as seen on body-worn camera footage until Stewart was turned over by Emergency Medical Services (EMS).
One witness indicated that the victim was known to possess a firearm. The detective stated that he was unsure whether or not the victim had been tested for gunshot residue.
After shots were fired, two individuals ran from the victim’s apartment. One was described as an older man with a gray beard, who was believed to be Palmer. The detective stated that he did not recall a witness he spoke to saying that Palmer had a firearm.
The detective also stated that he never saw the older man with a firearm and no other witnesses have indicated that to him.
Yarbough noted that there was a bullet hole in Stewart’s apartment door as well the door to the stairwell across the hall. When asked who entered the apartment, the detective stated that a witness had entered along with the suspects.
Before the incident, the older man and another individual in a Bruins hockey team jersey were seen on surveillance footage entering another apartment in the building and coming out with black face masks, according to the detective. Witnesses in the apartment were never asked if they knew why or where the black face masks came from.
The police affidavit states that the face masks appeared to conceal one of the suspect’s face.
The detective agreed that a witness told him that Stewart kept a lockbox in his apartment. Based on surveillance footage, the detective believed the individual in the Bruins jersey was carrying an object leaving the apartment that could’ve been a lockbox.
The detective agreed that there was no indication that the older man took anything from the apartment or received anything from the individual in the Bruins jersey. However, the detective stated that the older man’s backpack appeared to be fuller on the way out of the apartment.
Yarbough stated that there is no information that the two individuals had a conversation about planning a robbery. He also questioned if the cursory review of Palmer’s phone records revealed any information that Palmer planned to rob someone. The detective responded that evidence is still being reviewed.
Additionally, Yarbough asked if there was any evidence to suggest that Palmer and Mack had a prior relationship. The detective stated that evidence is still being reviewed.
In the prosecution’s cross examination, the detective testified to reviewing the autopsy report which showed that Stewart suffered multiple gunshot wounds.
The prosecution played footage for the court which showed two individuals standing in front of an apartment door and exiting with black face masks. Other videos showed the individuals walking to the stairwell of the building, entering Stewart’s apartment, leaving the apartment, and then leaving the apartment building.
The prosecution noted that no one else entered or exited the apartment besides one witness.
Mack’s attorney, Daniel Kovler, noted that one of the witnesses knew Stewart enough to describe him as the “building bootlegger,” to which the detective agreed. The witness was shown photos from surveillance footage, but the detective stated that he does not recall the witness identifying a suspect as Mack.
Kovler noted that another witness who knew Mack had never seen him wear a Bruin’s jersey. According to Kovler, another witness stated they knew Palmer and knew Mack as “Randy.”
When asked about the review of Mack’s phone records, if the Bruins jersey had been found, and if a firearm had been found, the detective stated that evidence is still under review. Judge Edelman asked if he would know if a firearm had been found to which the detective said yes. Judge Edelman then asked if one had been found as of now to which the detective responded no.
The detective stated that he does not recall if windows in the apartment had been broken, could be opened, or had bars. He also agreed that one witness stated they heard one gunshot, not eight or more.
After the witness was excused, the prosecution argued that Mack and Palmer should remain held. They stated that this was an “extraordinarily violent offense” and that the defendants are charged with first-degree murder.
The prosecution argued that the suspects were identified as Mack and Palmer and Stewart was overweight and used a wheelchair. Additionally, they reasserted that Stewart suffered multiple gunshot wounds, two of which appeared to be at close range.
They stated that the defendants could not have been acting in self-defense given the number of shell casings found. They argued that the defendants have previous convictions and significant criminal history.
The prosecution argued that a life was lost during the commission of a violent crime, adding to the reasons the defendants should remain detained.
Kovler argued that Mack should be released from detention, citing there was no DNA that linked Mack to the case. He stated there is no evidence of phone pings or other phone data indicating it was a planned attack on Stewart. Kovler also stated that if he was to be released that he has family who would support him as they had showed up to the hearing in person.
Yarbough also asked for Palmers, release based on what he actually does in the evidence shown in the hearing. He claimed that Palmer has no conversation prior that is documented that there was violent criminal intent, the witnesses whose apartment they were in upstairs said he came in to use the bathroom, said hello, and sat down.
He also didn’t attempt to cover his face like the other suspect in the video footage evidence did, so he wasn’t trying to hide his identity, Yarbough claimed.
The defense also showed that the witness from the incident originally described the older gentleman as being around five foot four inches tall, which is not true for Palmer.
Judge Edelman ruled that Mack would remain detained in the case, but was unsure about Palmer. Judge Edelman asked that there be a hearing for Palmer on Nov. 5 so he could go over the new evidence presented in the hearing and make his own conclusion.
Parties are slated to reconvene on Nov 5.
