The federal government shutdown postponed a homicide defendant’s transfer from the DC Jail to inpatient drug treatment after DC Superior Court Judge Todd Edelman ordered his release on Nov. 5.
Randall Mack, 42, and Phillip Palmer, 62, are charged with conspiracy, first-degree murder while armed, 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 with a prior conviction greater than a year.
The charges stem from their alleged involvement in a robbery that resulted in the fatal shooting of 61-year-old Steven Stewart on the 600 block of 21st Street, NE on May 2.
At the last hearing on Oct. 29, parties presented arguments regarding the defendants’ continued detention prior to trial. Judge Edelman ruled for Mack to remain held at the DC Jail but postponed his decision for Palmer.
Palmer’s attorney, Joseph Yarbough, reiterated his request for his client’s release. Yarbough asserted there was no evidence of criminal events that occurred inside the apartment and claimed Palmer was only involved in a drug deal, not a robbery.
The prosecutor disputed Yarbough’s claims and asserted Palmer should be as culpable as Mack. According to the prosecution’s theory of the case, Palmer orchestrated the robbery with a drug transaction.
Judge Edelman said if the prosecution’s theory is correct, Palmer is as culpable as Mack, but not as dangerous. The judge noted Palmer did not possess or fire a weapon and at the age of 62 is in “relatively frail physical condition.”
The prosecutor added that Palmer had an extensive criminal history as recently as 2022.
Judge Edelman later noted Palmer’s conviction in 2022 was for carrying a pistol without a license and he did not use or brandish the firearm. According to the judge, Palmer successfully finished his probation for the possession offense and the majority of his prior convictions were drug-related.
Judge Edelman said Palmer’s dangerousness stemmed from his drug use and ordered Palmer’s release with a bed-to-bed transfer from the DC Jail to a drug treatment facility. After treatment, Palmer will be released to home confinement, electronic monitoring, and required to stay-away from the incident location.
The judge noted that during the federal government shutdown, there are no transfers to the treatment facility and a lengthy waitlist. Despite the delay, Judge Edelman was not willing to release Palmer under any other conditions and said Palmer will have to wait until he can be transferred.
“The only release I can even contemplate in this case is the most restrictive kind of release,” said Judge Edelman.
Judge Edelman acknowledged the challenge to overcome a drug addiction but stated if Palmer violated his release conditions he will be incarcerated pending trial “period end of sentence.”
The prosecution also extended a wired plea offer to both defendants. If Mack and Palmer pleaded guilty to second-degree murder while armed, the prosecution would dismiss the remaining and greater charges.
Mack and Palmer rejected the plea deal and opted to proceed to trial.
Parties are scheduled to reconvene on Feb. 20, 2026.
