Marvin Sutton
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Marvin "Popcorn" Sutton (October 5, 1946March 16, 2009) was an American
Appalachia Appalachia ( ) is a geographic region located in the Appalachian Mountains#Regions, central and southern sections of the Appalachian Mountains in the east of North America. In the north, its boundaries stretch from the western Catskill Mountai ...
n
moonshine Moonshine is alcohol proof, high-proof liquor, traditionally made or distributed alcohol law, illegally. The name was derived from a tradition of distilling the alcohol (drug), alcohol at night to avoid detection. In the first decades of the ...
r and bootlegger. Born in
Maggie Valley, North Carolina Maggie Valley is a town in Haywood County, North Carolina, United States. The population was 1,687 at the 2020 United States census, 2020 census. A popular tourist destination, it is home to Cataloochee Ski Area and the former Ghost Town Village, ...
, he grew up, lived and died in the rural areas around Maggie Valley and nearby
Cocke County, Tennessee Cocke County is a county on the eastern border of the U.S. state of Tennessee. As of the 2020 census, the population was 35,999. Its county seat is Newport. Cocke County comprises the Newport, TN Micropolitan Statistical Area, which is part ...
. He wrote a self-published autobiographical guide to moonshining production, self-produced a home video depicting his moonshining activities, was the subject of several documentaries, including one that received a
Regional Emmy Award The Emmy Awards, or Emmys, are an extensive range of awards for artistic and technical merit for the television industry. A number of annual Emmy Award ceremonies are held throughout the year, each with their own set of rules and award categor ...
, and is the subject of the award-winning biography and photobook ''The Moonshiner Popcorn Sutton''. Sutton committed suicide by
carbon monoxide poisoning Carbon monoxide poisoning typically occurs from breathing in carbon monoxide (CO) at excessive levels. Symptoms are often described as " flu-like" and commonly include headache, dizziness, weakness, vomiting, chest pain, and confusion. Large ...
in March 2009, aged 62, rather than report to
federal prison A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for people who violated federal law (U.S., Mexico), people considered dangerous (Brazil), or those sen ...
after being convicted of offenses related to moonshining and illegal firearm possession. Since his death, a new company and associated whiskey brand have been named after him.


Moonshining career and rise to fame

Sutton had a long career making moonshine and bootlegging. Sutton said he considered moonshine production a legitimate part of his heritage, as he was a
Scots-Irish American Scotch-Irish Americans are American descendants of primarily Ulster Scots people, who emigrated from Ulster (Ireland's northernmost province) to the United States between the 18th and 19th centuries, with their ancestors having originally mig ...
and descended from a long line of moonshiners. In the 1960s or 1970s, Sutton was given the nickname of "Popcorn" after his frustrated attack on a bar's faulty popcorn vending machine with a
pool cue A cue stick (or simply cue, more specifically billiards cue, pool cue, or snooker cue) is an item of sporting equipment essential to the games of pool, snooker and carom billiards. It is used to strike a ball, usually the . Cues are tapered stic ...
. Before his rise to fame at around 60 years of age, he had been in trouble with the law several times, but had avoided prison sentences. He was convicted in 1974 of selling untaxed liquor and in 1981 and 1985 on charges of possessing controlled substances and
assault with a deadly weapon In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result i ...
, but received only
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
sentences until the 1985 arrest, after which he served time in the Craggy Correctional Center in Asheville. (also available a
pdf
)
In 1998 his roadside store in Maggie Valley, NC was searched by state agents, who seized a moonshine still and sixty gallons of moonshine, and Sutton was again placed on probation with a suspended sentence. Sutton then wrote a self-published autobiography and guide to moonshine production called ''Me and My Likker'', and began selling copies of it in 1999 out of his junk shop in Maggie Valley. The ''
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' later called it "a rambling, obscene, and often hilarious account of his life in the trade". (A woman named Ernestine Upchurch, with whom Sutton had been living in the 1990s, later said she helped write the book.) At around the same time, Sutton produced a home video of the same title and released it on
VHS tape VHS (Video Home System) is a discontinued standard for consumer-level analog video recording on tape cassettes, introduced in 1976 by JVC. It was the dominant home video format throughout the tape media period of the 1980s and 1990s. Mag ...
. His first appearance in a
feature film A feature film or feature-length film (often abbreviated to feature), also called a theatrical film, is a film (Film, motion picture, "movie" or simply “picture”) with a running time long enough to be considered the principal or sole present ...
(that was not self-published) was in Neal Hutcheson's 2002 documentary, ''Mountain Talk'', as one of various people of southern Appalachia featured in this film focused on the " mountain dialect" of the area. Sutton next appeared in another Hutcheson film that would become the cornerstone of his notoriety, called ''This is the Last Dam Run of Likker I'll Ever Make''. Filmed and released in 2002, the film quickly became a cult classic and over time drew the attention of television producers in Boston and New York. In 2007, a fire on Sutton's property in Parrottsville led to firefighters discovering 650 gallons of untaxed alcohol there, for which he was convicted and put on probation again by Cocke County authorities. Sutton was featured in the 2007 documentary ''Hillbilly: The Real Story'' on
The History Channel History (formerly and commonly known as the History Channel) is an American pay television network and the flagship channel of A&E Networks, a joint venture between Hearst Communications and the General Entertainment Content division of The Wa ...
. The source footage from the 2002 documentary was also re-worked into another Hutcheson documentary, ''The Last One'', which was released in 2008 and was broadcast on
PBS The Public Broadcasting Service (PBS) is an American public broadcaster and non-commercial, free-to-air television network based in Arlington, Virginia. PBS is a publicly funded nonprofit organization and the most prominent provider of educat ...
. It received a 2009 Southeast Emmy Award. In March 2008, Sutton told an undercover federal officer that he had 500 gallons of moonshine in Tennessee and another 400 gallons in Maggie Valley that he was ready to sell. This led to a raid of his property by the
ATF The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention ...
, led by Jim Cavanaugh of
Waco siege The Waco siege, also known as the Waco massacre, was the siege by US federal government and Texas state law enforcement officials of a compound belonging to the religious cult known as the Branch Davidians, between February 28 and April 19, 1993 ...
infamy. In January 2009, Sutton, who had pleaded guilty, was sentenced to 18 months in a federal prison for illegally distilling spirits and possession of a firearm (a .38-caliber
handgun A handgun is a firearm designed to be usable with only one hand. It is distinguished from a long gun, long barreled gun (i.e., carbine, rifle, shotgun, submachine gun, or machine gun) which typically is intended to be held by both hands and br ...
) as a felon. Sutton, 62 and suffering from a long illness that his doctors had failed to diagnose, asked the U.S. District Judge Ronnie Greer to allow him to serve his sentence under
house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...
, and several petitions were made by others requesting that his sentence be reduced or commuted, but this time to no avail. The judge noted that Sutton was still under probation in Tennessee at the time of the federal raid, and said that putting a man on probation again after being convicted five times of various crimes would not serve the community interest. He said he had considered a harsher sentence of 24 months, but had decided on 18 months after considering Sutton's age and medical condition.


Death and memorial services

Sutton committed
suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
by
carbon monoxide poisoning Carbon monoxide poisoning typically occurs from breathing in carbon monoxide (CO) at excessive levels. Symptoms are often described as " flu-like" and commonly include headache, dizziness, weakness, vomiting, chest pain, and confusion. Large ...
on March 16, 2009, apparently to avoid a federal prison term due to begin a few days later. His wife Pam, whom he had married about two years before his death, returned home from running errands and discovered her husband in his green
Ford Fairmont The Ford Fairmont is a model line of compact cars that was manufactured by Ford from the 1978 to 1983 model years. The successor of the Ford Maverick, the Fairmont marked the third generation of compact sedans sold by Ford in North America. Ini ...
(which was still running) at the rear of their property in
Parrottsville, Tennessee Parrottsville is a town in Cocke County, Tennessee, United States. The population was 263 at the 2010 census. Geography Parrottsville is located in northeastern Cocke County. U.S. Route 321, a four-lane highway, passes south of the town, leadin ...
. Mrs. Sutton said, "He called it his three-jar car because he gave three jugs of liquor for it." His daughter said he had told her in advance that he would die by suicide rather than go to jail, adding that he had "the strength to die the way he lived: according to his own wishes and no one else's." Sutton's body was initially interred at a family graveyard in
Mount Sterling, North Carolina Mount Sterling is a mountain in the Great Smoky Mountains of Haywood County, North Carolina and Cocke County, Tennessee, located in the southeastern United States. It reaches an elevation of above sea level. The summit is topped by an abandone ...
. However, on October 24, 2009, it was relocated to his property in Parrottsville, and a private memorial service was held. His body was carried to its new resting spot by horse and carriage. Sutton's memorial grew in spectacle as country music singer
Hank Williams Jr. Randall Hank Williams (born May 26, 1949), known professionally as Hank Williams Jr. or Bocephus, is an American singer-songwriter and musician. His musical style has been described as a blend of rock, blues, and country. He is the son of count ...
flew in to pay his respects. A small memorial was also held for close friends and family. A conventional grave marker was used at the head of Sutton's grave, reading "Marvin Popcorn Sutton / Ex-Moonshiner / October 5, 1946 / March 16, 2009". He had also prepared a footstone in advance for his gravesite, and for years he had kept it by his front porch and had kept his casket ready in his living room. The
epitaph An epitaph (; ) is a short text honoring a deceased person. Strictly speaking, it refers to text that is inscribed on a tombstone or plaque, but it may also be used in a figurative sense. Some epitaphs are specified by the person themselves be ...
on his footstone reads "Popcorn Said Fuck You".


Tributes and popular culture

* Neal Hutcheson produced the documentary ''This is the Last Dam Run of Likker I'll Ever Make'' in 2002. * Neal Hutcheson produced the television documentary ''The Last One'', which went on to win a regional Emmy. * Sutton's long-estranged daughter Sky Sutton wrote a self-published book in 2009 entitled ''Daddy Moonshine: The Story of Marvin "Popcorn" Sutton'' () * Singer-songwriter
Hank Williams III Shelton Hank Williams (born December 12, 1972), known professionally as Hank Williams III, is an American singer, songwriter, and multiinstrumentalist. He was the drummer of hardcore punk band Arson Anthem, and bassist of Phil Anselmo's band ...
sings about Sutton in the song "Moonshiner's Life" on his 2010 album '' Rebel Within'' * Some of the prior Hutcheson documentary footage of Sutton was used in the 2011–12 season of the '' Moonshiners'' television series produced by
Discovery Channel Discovery Channel, known as The Discovery Channel from 1985 to 1995, and often referred to as simply Discovery, is an American cable channel that is best known for its ongoing reality television shows and promotion of pseudoscience. It init ...
* A brief photographic book about Sutton was released in 2012 – ''Popcorn Sutton The Making and Marketing of a Hillbilly Hero'', text by Tom Wilson Jester with photographs by Don Dudenbostel (72 pp., Dudenbostel Photography, March 7, 2012, ) * Another Hutcheson documentary about Sutton was released in 2014 called ''Popcorn Sutton—A Hell of a Life'' * A biography, memoir and photobook titled ''The Moonshiner Popcorn Sutton'' was released in 2021 and won the ''Outstanding Book/Independent Spirit Award'' from the 2022 Independent Publishers Book Awards and a 2022 National Indie Excellence Award, and was the grand prizer winner of the 30th Annual Writer's Digest Book Awards.


Popcorn Sutton's Tennessee White Whiskey

On November 9, 2010,
Hank Williams Jr. Randall Hank Williams (born May 26, 1949), known professionally as Hank Williams Jr. or Bocephus, is an American singer-songwriter and musician. His musical style has been described as a blend of rock, blues, and country. He is the son of count ...
announced his partnership with J&M Concepts LLC and widow Pam Sutton to distill and distribute a brand of whiskey named after Sutton that was asserted to follow his legacy. Dubbed "Popcorn Sutton's Tennessee White Whiskey", it was marketed as having been produced on stills designed by Sutton using his secret family recipe and techniques Sutton entrusted to former Supercross professional
Jamey Grosser Jamey Grosser, originally from New Hope, Minnesota is a former professional Supercross racer and current serial entrepreneur. As a racer, Grosser competed on the AMA Supercross and Motocross Championship tours from 1996 to 2008 where he earned t ...
of J&M Concepts. Country music stars attending the launch event included
Martina McBride Martina Mariea McBride (née Schiff, July 29, 1966) is an American country music singer and songwriter. She is known for her soprano singing range and her country pop material. McBride was born in Sharon, Kansas, and relocated to Nashville, T ...
,
Jamey Johnson Jamey Johnson (born July 14, 1975) is an American country music singer and songwriter. Signed to BNA Records in 2005, Johnson made his debut with his single "The Dollar (song), The Dollar", the title track to his 2006 album ''The Dollar (album ...
,
Randy Houser Shawn Randolph Houser (born December 18, 1975) is an American country music singer and songwriter. Houser has racked up over half a dozen hits and over 1 billion streams. His How Country Feels album topped the country radio charts with the title ...
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Travis Tritt James Travis Tritt (born February 9, 1963) is an American country music, country singer-songwriter. He signed to Warner Bros. Records in 1989, releasing seven studio albums and a greatest hits package for the label between then and 1999. In t ...
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Tanya Tucker Tanya Denise Tucker (born October 10, 1958) is an American country music singer and songwriter who had her first hit, "Delta Dawn", in 1972 at the age of 13. During her career Tucker became one of the few child performers to mature into adulthood ...
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Zac Brown Zachry Alexander Brown (born July 31, 1978) is an American singer, songwriter, and musician. He is best known as the co-founder and lead singer of the country Zac Brown Band, as well as electronic dance music group Sir Rosevelt. In 2019, Brown ...
, Josh Thompson, Kentucky Headhunters,
Little Big Town Little Big Town is an American country music vocal group from Homewood, Alabama. Founded in 1998, the group has had the same four members since its founding: Karen Fairchild, Kimberly Schlapman (née Roads), Phillip Sweet, and Jimi Westbrook. Fa ...
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Colt Ford Jason Farris Brown (born August 27, 1969) known professionally as Colt Ford, is an American country rap musician, songwriter, entrepreneur, and former professional golfer. He is also the co-founder of record label Average Joes Entertainment. ...
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Montgomery Gentry Montgomery Gentry is an American country music duo/solo act founded by singers Eddie Montgomery and Troy Gentry, both Kentucky natives. They began performing together in the 1990s as part of two different bands with Montgomery's brother, John ...
, Jaron and the Long Road to Love, and
Lee Brice Kenneth Mobley Brice Jr. (born June 10, 1979), known professionally as Lee Brice, is an American country music singer and songwriter, signed to Curb Records. Brice has released five albums with the label: ''Love Like Crazy'', ''Hard 2 Love (Lee B ...
. According to press reports, Popcorn Sutton's Tennessee White Whiskey would be initially distributed in
Tennessee Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...
and throughout the southeast. On October 25, 2013,
Jack Daniel's Jack Daniel's is a brand of Tennessee whiskey produced at Jack Daniel Distillery in Lynchburg, Tennessee, which has been owned by the Brown–Forman Corporation since 1956. Packaged in square bottles, Jack Daniel's "Black Label" Tennessee wh ...
Properties, Inc. filed suit against the distiller of Popcorn Sutton's whiskey, claiming that the newly redesigned bottle, with its square shape, beveled shoulders, and white-on-black label, too closely resembled their own. The lawsuit said that the design "...is likely to cause purchasers and prospective purchasers of the product to believe mistakenly that it is a new Tennessee white whiskey product in the Jack Daniel's line." The suit asked that all current existing bottles be taken off the market and that all profits from the sales of those bottles be handed over to Jack Daniel's. The lawsuit was settled in 2014 with undisclosed terms,Schelzig, Eric,
Dickel master distiller leaving to head Popcorn Sutton
,
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via
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
, March 16, 2015
and as of May 2016, the Sutton brand's bottle design has been substantially changed. The brand now uses a clear, round bottle with a smaller label., official web site In 2014, Popcorn Sutton Distilling opened a new distillery in
Newport, Tennessee Newport is a city in and the county seat of Cocke County, Tennessee, United States. The population was 6,945 at the 2010 census, down from 7,242 at the 2000 census. The estimated population in 2018 was 6,801. Newport is located along the Pige ...
, the
county seat A county seat is an administrative center, seat of government, or capital city of a county or parish (administrative division), civil parish. The term is in use in five countries: Canada, China, Hungary, Romania, and the United States. An equiva ...
of Cocke County. Copper stills for the facility were made by Vendome Copper and Brass in
Louisville, Kentucky Louisville is the List of cities in Kentucky, most populous city in the Commonwealth of Kentucky, sixth-most populous city in the Southeastern United States, Southeast, and the list of United States cities by population, 27th-most-populous city ...
. The
CEO A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
of Popcorn Sutton Distilling is Megan Kvamme. In March 2015, it was announced that John Lunn, who had until then been master distiller of
George Dickel George Dickel is a brand of Tennessee whisky produced in Tullahoma, in Coffee County, Tennessee. Today owned by Diageo, the modern brand was introduced in 1964, though the distillery has a longer history. Whisky production and aging takes pla ...
Tennessee whiskey Tennessee Whiskey is straight whiskey produced in the U.S. state of Tennessee. Although it has been legally defined as a bourbon whiskey in some international trade agreements, most current producers of Tennessee Whiskey disclaim references to ...
since 2005, would be joining Popcorn Sutton Distilling as its new master distiller. In July 2016, it was announced Allisa Henley, long time employee and Master Distiller at George Dickel, would join John Lunn at Popcorn Sutton Distilling. In December 2016, the Popcorn Sutton Distillery was sold to the
Sazerac Company Sazerac Company, Inc. is a privately held American alcoholic beverage company headquartered in Metairie in the metropolitan area of New Orleans, Louisiana, but with its principal office in Louisville, Kentucky. The company is owned by William ...
. The sale included only the distillery, not the brands, which are owned by Popcorn Sutton Distilling LLC, which is based in Ohio. Lunn and Henley and the other employees of the distillery became employees of the Sazerac Company. At the time of the announcement, it had not been decided whether or not the Popcorn Sutton brands would continue to be produced under contract by the distillery.


References


External links


Scripps Interactive Newspapers Group: ''Knoxville News Sentinel'': Don Dudenbostel's gallery of Popcorn Sutton imagesObituary Of Marvin "Popcorn" Sutton, A Tennessee Moonshiner
March 22, 2009
''This is the Last Dam Run of Likker I'll Ever Make'' (2002 documentary about Sutton) on YouTube
{{DEFAULTSORT:Sutton, Popcorn 1946 births 2009 suicides 2009 deaths Suicides in Tennessee Suicides by carbon monoxide poisoning People from Cocke County, Tennessee People from Maggie Valley, North Carolina American bootleggers Criminals from Tennessee Criminals from North Carolina Moonshine producers