As Judge Bill Bowman read 23-year-old Kenneth M. Sutton, Jr.’s verdict — guilty of second-degree murder and other charges — one side of the court room erupted in applause. On the other, was a woman crying hysterically.
Police then promptly handcuffed and escorted Sutton out of the court room at the Norm Maleng Regional Justice Center the morning of Christmas Eve. He will be sentenced on Jan. 28, 2015 and faces up to 89 years in prison, according to his defense attorney.
Sutton, of Renton, was convicted of killing Kent resident Cloise Young, 23, and injuring six others in a shooting at the former Johnny’s Famous Bar and Grill on June 27, 2012. He was also found guilty of unlawful possession of a firearm, as he was previously convicted of other felonies.
According to prosecutors, Sutton instigated an argument by claiming gang affiliation when he yelled about being with the “Rolling 90s,” a reference to a neighborhood Crip gang, before he shot his gun 11 times in the bar’s parking lot.
When Federal Way police arrived, they found Young’s body with an empty gun holster but no firearm. They collected five .45-caliber cartridge cases and 21 .40-caliber cases.
Police arrested Sutton at Valley Medical Center in Renton after he fled the scene. Sutton was seeking treatment for gunshot wounds he sustained three hours prior to arriving at the hospital.
As he was transported from Renton to Federal Way, police noted he acted abusive and began kicking the door of the police vehicle.
Judge Bowman said during this time officers asked him to stop his behavior, he responded with, “I don’t give a f***, do you know how much time I’m going to do for this s***?” Bowman cited this statement, and several other instances where his testimony lacked credibility, as reasons for his guilty verdict.
“We’re pleased with the outcome,” said Steve Arbouthnot, the commander of the Federal Way police investigations department who oversaw the case. “A lot of hard work went into it by the detectives, a lot of investigation.”
Arbouthnot said his entire investigations unit worked on this case for the first couple of days and then a lead detective took over for the next two-and-a-half years as attornies built their argument.
He said this was one of the more high profile cases in Federal Way because of the number of people who were injured.
But Arbouthnot said it’s uncommon for Federal Way to have gang affiliations and that the only gang-related piece to this case was the statement Sutton made.
“We don’t believe the victim was targeted because of a gang affiliation,” Arbouthnot said.
Sutton’s defense attorney argued that he was merely acting in self defense.
“The judge made a very detailed finding in his ruling of the verdict,” said Sutton’s attorney Peter T. Geisness with The Geisness Law Firm. “Obviously, we view it differently. We view that Kenny was in fear for his life, of being injured.”
Geisness said Young shot Sutton in the arm and leg. He’s alleged to have shot another as well.
“It’s a tragic event all the way around for all parties involved,” he said.
Sutton testified that Young confronted him numerous times in the bar that night, specifically regarding an incident with a woman.
He alleged that Young lifted his shirt and showed Sutton his gun and, that just before the shooting, he threatened, “I’ll pop you.” Before Sutton spun around and shot, he said Young had his gun drawn by his side.
However, Bowman said none of the witnesses could corroborate his claims.
Bowman also said Sutton’s assertion that he was fearful for his life was false.
“The claim that Mr. Sutton was acting in fear is inconsistent with the statement he made before he opened fire,” Bowman said, adding that it was aggressive, confrontational and contentious but not fearful. “The statement is also consistent with the defendant’s demeanor throughout the entire night.”
Witnesses said he was aggressive and confrontational in his interaction with the woman at the bar, hospital staff and police, among others. Not only that, his actions of fleeing the scene didn’t help his case either.
“And lastly, the issue of the defendant’s credibility,” he said. “He admitted on the stand that he had lied under oath in a previous proceeding,” Bowman said, noting he also encouraged others to lie to avoid jail time.
Sutton has five prior felony convictions, including unlawful possession of a firearm from 2008 and 2010, promoting prostitution in 2010, violation of the Uniform Controlled Substance Act in 2007 and possession of stolen property from 2005. He also had several convictions for assault against members of his family and a police officer.
Documents also state that two of Sutton’s sisters had no-contact orders against him, stemming from criminal charges.