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Originally published Thursday, June 28, 2012 at 7:57 PM

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Federal Way suspect in fatal shooting ordered held in jail

A King County District Court judge on Thursday found probable cause to hold Kenneth Sutton in jail on investigation of second-degree murder for the shooting death of a 23-year-old Kent man outside a Federal Way bar early Wednesday.

Seattle Times staff reporter

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A King County District Court judge on Thursday found probable cause to hold Kenneth Sutton in jail on investigation of second-degree murder for the shooting death of a 23-year-old Kent man outside a Federal Way bar early Wednesday.

King County prosecutors have until Friday to file official charges against Sutton, a 21-year-old self-proclaimed gang member from Renton.

During Sutton's first court appearance in Kent on Thursday, the issue of bail was reserved after Sutton's public defender waived his presence at the hearing. Probable cause was also found to hold Sutton on investigation of first-degree assault.

According to the statement of probable cause outlining the Federal Way Police Department's case, Sutton and Cloise Young, 23, of Kent, got into "a heated argument" outside Johnny's Famous Grill and Bar just before 2 a.m. when Sutton allegedly pulled a handgun from his waistband and started shooting.

Young died at the scene and six other people, including Sutton, were injured by gunfire.

While Federal Way police on Wednesday said several people were armed with guns and fired shots, the probable-cause statement gives the impression that only Sutton fired into the crowd.

"Along with Young, several others were also shot as Sutton fired" and those alleged victims "received serious bodily injuries," the statement says.

According to Federal Way police Cmdr. Stan McCall, preliminary ballistic evidence indicates that Young may have returned fire after he was shot.

"Either he pulled out his gun and fired from the ground, or somebody who was near him used his gun," McCall said on Wednesday.

Two witnesses, who were present during the shooting of Young, identified Sutton as the shooter from a photo montage, according to the statement. Around 3:30 a.m., police found Sutton at Valley Medical Center, where he and a companion had gone to be treated for minor gunshot wounds. Sutton was later booked into the Norm Maleng Regional Justice Center in Kent.

While none of the other shooting victims suffered life-threatening injuries, two of them were seriously hurt.

Sutton, a felon, was last released from jail May 25 after serving about a month for violating conditions of his community supervision and failing to appear in court on other charges, jail records show.

He has previous criminal convictions for second-degree promoting prostitution, assault, unlawful possession of a firearm, possession of stolen property, obstruction and malicious mischief, according to a 2010 filing by the King County Prosecutor's Office.

In 2010, Sutton was charged with commercial sexual abuse of a minor for allegedly pimping out young girls. He eventually pleaded guilty to a reduced charge of second-degree promoting prostitution as part of a plea agreement, according to prosecutors.

Sutton was sentenced to a year in jail and has been on supervision by the state Department of Corrections (DOC) since his release from prison in January 2011.

DOC spokeswoman Maria Peterson said Wednesday that Sutton had violated the terms of his probation four times since his release.

Information from Seattle Times archives is included in this report.

Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com

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