Marvin "Popcorn" Sutton (October 5, 1946March 16, 2009) was an American
Appalachia
Appalachia () is a cultural region in the Eastern United States that stretches from the Southern Tier of New York State to northern Alabama and Georgia. While the Appalachian Mountains stretch from Belle Isle in Newfoundland and Labrador, ...
n
moonshine
Moonshine is high-proof liquor that is usually produced illegally. The name was derived from a tradition of creating the alcohol during the nighttime, thereby avoiding detection. In the first decades of the 21st century, commercial dist ...
Maggie Valley, North Carolina
Maggie Valley is a town in Haywood County, North Carolina, United States. The population was 1,150 at the 2010 census. A popular tourist destination, it is home to Cataloochee Ski Area and the former Ghost Town in the Sky amusement park. Maggie V ...
, 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 2010 census, the population was 35,662. Its county seat is Newport. Cocke County comprises the Newport, TN Micropolitan Statistical Area, which is part o ...
. 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 American and international television industry. A number of annual Emmy Award ceremonies are held throughout the calendar year, each with the ...
, and is the subject of the award-winning biography and photobook The Moonshiner Popcorn Sutton.
Sutton died by 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. Larg ...
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 convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those s ...
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 (or Scots-Irish) Americans are American descendants of Ulster Protestants who emigrated from Ulster in northern Ireland to America during the 18th and 19th centuries, whose ancestors had originally migrated to Ireland mainly from t ...
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
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in cr ...
, but received only
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences ( alternatives to incarceration), suc ...
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'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' 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.
His first appearance in a
feature film
A feature film or feature-length film is a narrative film (motion picture or "movie") with a running time long enough to be considered the principal or sole presentation in a commercial entertainment program. The term ''feature film'' originall ...
(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 The History Channel from January 1, 1995 to February 15, 2008, stylized as HISTORY) is an American pay television network and flagship channel owned by A&E Networks, a joint venture between Hearst Communications and the Dis ...
. 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 ed ...
. 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 the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...
, led by Jim Cavanaugh of
Waco siege
The Waco siege, also known as the Waco massacre, was the law enforcement siege of the compound that belonged to the religious sect Branch Davidians. It was carried out by the U.S. federal government, Texas state law enforcement, and the U.S ...
infamy. In January 2009, Sutton, who had used a
public defender
A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Hungary and Singapore, ...
as his attorney in the case and 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 short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also brac ...
) 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
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if ...
, 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 died by
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...
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. Larg ...
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 and ...
(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 at (36.009391, -83.091186) U.S. Route 321, a four-lane highway, passes ...
. 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. 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 is often considered a blend of southern rock, blues, and country. He is the son of ...
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
Neal Hutcheson (born 1969) is an American filmmaker, photographer, and author. He has received three regional Emmy Awards for documentaries on regional culture, language, and identity. He has produced 17 television documentaries on topics such as ...
produced the documentary ''This is the Last Dam Run of Likker I'll Ever Make'' in 2002.
*
Neal Hutcheson
Neal Hutcheson (born 1969) is an American filmmaker, photographer, and author. He has received three regional Emmy Awards for documentaries on regional culture, language, and identity. He has produced 17 television documentaries on topics such as ...
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 as Hank Williams III, is an American musician, singer and multi-instrumentalist, known for his unique fusion of traditional country music, rockabilly, heavy metal and punk rock. He was the ...
sings about Sutton in the song "Moonshiner's Life" on his 2010 album ''
Rebel Within
''Rebel Within'' is the fifth solo album by American country music artist Hank Williams III. It was released on May 25, 2010. The album was Williams' last authorized album from Curb Records
Curb Records (also known as Asylum-Curb and formerly ...
''
* 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 owned by Warner Bros. Discovery, a publicly traded company run by CEO David Zaslav. , Discovery Chan ...
* 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'' is released in 2021 and wins the ''Outstanding Book/Independent Spirit Award'' from the 2022 Independent Publishers Book Awards and a 2022 National Indie Excellence Award.
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 is often considered a blend of southern rock, blues, and country. He is the son of ...
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 th ...
of J&M Concepts. Country music stars attending the launch event included
Martina McBride
Martina Mariea McBride (née Schiff, born July 29, 1966) is an American country music singer-songwriter and record producer. She is known for her soprano singing range and her country pop material.
McBride was born in Sharon, Kansas, and relo ...
,
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", the title track to his 2006 album '' The Dollar''. He was dropped from ...
,
Randy Houser
Shawn Randolph Houser (born December 18, 1975) is an American country music singer and songwriter. Signed to Universal South Records in 2008, he charted the single " Anything Goes". It was a top 20 hit on the ''Billboard'' country singles chart ...
,
Travis Tritt
James Travis Tritt (born February 9, 1963) is an American country music singer and 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 the 20 ...
,
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. Over the succeeding decades, Tucker became one of the few child performers to mature int ...
,
Zac Brown
Zachry Alexander Brown (born July 31, 1978) is an American singer-songwriter, musician, and co-founder and lead singer of the country–rock Zac Brown Band, as well as electronic dance music group Sir Rosevelt. In 2019, Brown released a pop ...
Kentucky Headhunters
The Kentucky Headhunters are an American country rock and Southern rock band originating in the state of Kentucky. The band's members are Doug Phelps (vocals, bass guitar), Greg Martin (vocals, lead guitar), and brothers Richard Young (vocals, rhy ...
,
Little Big Town
Little Big Town is an American country music vocal group from Homewood, Alabama. Founded in 1998, the group has comprised the same four members since its founding: Karen Fairchild, Kimberly Schlapman (née Roads), Phillip Sweet, and Jimi Westbro ...
,
Colt Ford
Jason Farris Brown (born August 27, 1969) known professionally as Colt Ford, is an American singer, rapper, songwriter, entrepreneur, and former professional golfer best known for his music fusing the country and rap genres. He has released seven ...
,
Montgomery Gentry
Montgomery Gentry is an American country music duo 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 Michael Mo ...
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 to Love'', ' ...
. 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 state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to ...
and throughout the southeast.
On October 25, 2013,
Jack Daniel's
Jack Daniel's is a brand of Tennessee whiskey. It is produced in Lynchburg, Tennessee, by the Jack Daniel Distillery, which has been owned by the Brown–Forman Corporation since 1956.
Packaged in square bottles, Jack Daniel's "Black Label" T ...
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 ,
Yahoo News
Yahoo! News is a news website that originated as an internet-based news aggregator by Yahoo!. The site was created by a Yahoo! software engineer named Brad Clawsie in August 1996. Articles originally came from news services such as the Associate ...
via
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
, 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. It is located along the Pigeon Riv ...
, the
county seat
A county seat is an administrative center, seat of government, or capital city of a county or civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The equivalent term shire town is used in the US ...
of Cocke County. Copper stills for the facility were made by Vendome Copper and Brass in
Louisville, Kentucky
Louisville ( , , ) is the largest city in the Commonwealth of Kentucky and the 28th most-populous city in the United States. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, on the Indiana borde ...
. The
CEO
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especiall ...
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 pl ...
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