[6] Sutton died by suicide by carbon monoxide poisoning in March 2009, aged 62, rather than report to federal prison[7] after being convicted of offenses related to moonshining and illegal firearm possession.

He was convicted in 1974 of selling untaxed liquor[3][8] and in 1981 and 1985 on charges of possessing controlled substances and assault with a deadly weapon, but received only probation sentences until the 1985 arrest, after which he served time in the Craggy Correctional Center in Asheville.

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.

[9][16] 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.

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.

[19][20] 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) as a felon.

[8] Sutton died by suicide by carbon monoxide poisoning on March 16, 2009, apparently to avoid a federal prison term due to begin a few days later.

Sutton's memorial grew in spectacle as country music singer Hank Williams Jr. flew in to pay his respects.

[25] 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.

[36] Country music stars attending the launch event included Martina McBride, Jamey Johnson, Randy Houser, Travis Tritt, Tanya Tucker, Zac Brown, Josh Thompson, Kentucky Headhunters, Little Big Town, Colt Ford, Montgomery Gentry, Jaron and the Long Road to Love, and Lee Brice.

On October 25, 2013, Jack Daniel's 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 sale included only the distillery, not the brands, which are owned by Popcorn Sutton Distilling LLC, which is based in Ohio.