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The man accused of killing another man during a shootout early Wednesday outside a Federal Way bar will remain in jail pending the filing of charges, the King County Proeecuting Attorney’s Office said today.

Prosecutors had expected to charge  Kenneth Sutton, 21, today. However, the Prosecutor’s Office said a charging decision will be made at a later date as the investigation into the shooting continues. In the meantime, he is in jail on a no-bail state Department of Corrections community placement hold.

According to Federal Way police, Sutton and Cloise Young, 23, of Kent, got into “a heated argument” outside Johnny’s Famous Grill and Bar just before 2 a.m. Sutton allegedly pulled a handgun from his waistband and started shooting, police said.

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

Federal Way police Cmdr. Stan McCall said 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.

Around 3:30 a.m. Wednesday, 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.

Sutton, a felon with an extensive criminal record, 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 the King County Prosecutor’s Office.