Byron (Low Tax) Looper
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Byron (Low Tax) Looper (born Byron Anthony Looper; September 15, 1964 – June 26, 2013) was a Democratic turned
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking ...
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 th ...
and convicted
murderer Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
. In order to advance his political career, he legally changed his middle name from "Anthony" to "(Low Tax)". After being convicted for the October 1998 murder of his election opponent, incumbent Tennessee State Senator
Tommy Burks Fred Thomas Burks (May 22, 1940 – October 19, 1998) was a farmer and Democratic Party politician in Tennessee, United States. He served in the Tennessee House of Representatives from 1970 until 1978, and in the Tennessee State Senate from ...
, he was given a life sentence in prison. He died in
Morgan County Correctional Complex Morgan County Correctional Complex (MCCX) is a maximum security prison in unincorporated Morgan County, near Wartburg, Tennessee, operated by the Tennessee Department of Correction. It opened in 1980. An expansion completed in 2009 increased its ...
on June 26, 2013.


Early life, education and early career

Byron Looper was born in
Cookeville, Tennessee Cookeville is the county seat and largest city of Putnam County, Tennessee, United States. As of the 2020 United States census, its population was reported to be 34,842. It is recognized as one of the country's micropolitan areas, or smaller ...
. He spent most of his childhood in
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, where his father, Aaron Looper, was a school superintendent. Looper attended the
U.S. Military Academy The United States Military Academy (USMA), also known metonymically as West Point or simply as Army, is a United States service academy in West Point, New York. It was originally established as a fort, since it sits on strategic high groun ...
at West Point from 1983 to 1985, but he was given an honorable discharge following what he said was a serious knee injury. After being discharged, he moved to Georgia, where he attended the
University of Georgia , mottoeng = "To teach, to serve, and to inquire into the nature of things.""To serve" was later added to the motto without changing the seal; the Latin motto directly translates as "To teach and to inquire into the nature of things." , establ ...
and worked for the state legislature after graduation. In 1988, Looper ran for the
Georgia House of Representatives The Georgia House of Representatives is the lower house of the Georgia General Assembly (the state legislature) of the U.S. state of Georgia. There are currently 180 elected members. Republicans have had a majority in the chamber since 2005. ...
as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
, losing to Wyc Orr in the Democratic primary. He enrolled as a graduate student in the Stetson School of Business and Economics at
Mercer University Mercer University is a private research university with its main campus in Macon, Georgia. Founded in 1833 as Mercer Institute and gaining university status in 1837, it is the oldest private university in the state and enrolls more than 9,000 s ...
in
Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,715 ...
. He continued his political involvement as an officer in the Georgia Young Democrats organization and as a campaign worker in
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic no ...
's 1988 campaign for the Democratic presidential nomination and the 1992 Clinton-Gore presidential campaign.


Career

In 1992, Looper returned to Tennessee and became a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
. He lost a race for the Tennessee House of Representatives in 1994, when he ran against incumbent legislator Jere Hargrove. In 1996, he legally changed his middle name from Anthony to "Low Tax" and ran successfully for the post of Putnam County Tax Assessor, defeating a 14-year incumbent after a campaign in which he did not make any public appearances nor participate in debates, instead relying heavily on negative
campaign ad In politics, campaign advertising is the use of an advertising campaign through the media to influence a political debate, and ultimately, voters. These ads are designed by political consultants and political campaign staff. Many countries res ...
s. As Tax Assessor, Looper used his office's equipment to send numerous
press release A press release is an official statement delivered to members of the news media for the purpose of providing information, creating an official statement, or making an announcement directed for public release. Press releases are also considere ...
s to Tennessee news media, making positive claims about himself and alleging various shortcomings on the part of other local officials. He seldom came to work, and there were many reports of irregularities in property tax assessments. In March, 1998, following an investigation by the
Tennessee Bureau of Investigation The Tennessee Bureau of Investigation (TBI) is the state bureau of investigation of the state of Tennessee. It has statutory authority to conduct criminal investigations and make arrests of crimes occurring throughout the state. The bureau is ...
, Looper was
indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
on 14 counts of official misconduct, theft of services and official oppression for theft, misuse of county property and misuse of county employees. He claimed the charges were politically motivated due to Democratic control of Putnam County politics and the Tennessee General Assembly. The ''Cookeville Herald-Citizen'' newspaper regularly reported the Republican Tax Assessor's bizarre antics and public verbal assaults of Putnam County elected officials. The Tennessee Republican Party soon claimed no connection with Looper. The ouster suit led to Looper's removal from office in January, 1999. Looper also faced legal problems from a former girlfriend who sued him for $1.2 million, saying that she became pregnant and bore a child after he
raped Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or agai ...
her and that he had used his official position to steal her house. Earlier he had run campaign ads in which he falsely represented the same girlfriend as his wife. After Looper's removal from office and conviction for murder, prosecutors decided not to pursue the criminal indictments filed in March 1998.


1998 political candidacies

In the August 1998 primary, Looper sought the Republican nominations for both the Tennessee's 6th congressional district and the Tennessee State Senate. He failed in his quest for the Congressional House nomination, finishing third in a field of four, but he was unopposed for the state senate nomination. This set up his campaign against incumbent Democratic State Senator
Tommy Burks Fred Thomas Burks (May 22, 1940 – October 19, 1998) was a farmer and Democratic Party politician in Tennessee, United States. He served in the Tennessee House of Representatives from 1970 until 1978, and in the Tennessee State Senate from ...
. Burks had represented Putnam County in the state legislature for 28 years, including four two-year terms in the Tennessee House of Representatives and five four-year terms in the Tennessee State Senate. A farmer and an old-style conservative Southern Democrat, he was popular in his district. He usually won reelection with ease, and the 1998 campaign was expected to be no different.


Assassination of Tommy Burks

On the morning of October 19, 1998, authorities were called to investigate an apparent murder at the Burks farm.
Tommy Burks Fred Thomas Burks (May 22, 1940 – October 19, 1998) was a farmer and Democratic Party politician in Tennessee, United States. He served in the Tennessee House of Representatives from 1970 until 1978, and in the Tennessee State Senate from ...
' body was found with his head resting on the steering wheel of his pickup truck and a single bullet wound above his left eye. Burks had been speaking moments earlier with a farmhand, Wesley Rex, about work that needed to be done on the farm. Both men had seen a black car drive by the farm on multiple occasions that morning, driven by a man in sunglasses and black gloves. The car had later sped by Rex's truck, allowing Rex to get a view of the driver.
Cumberland County Cumberland County may refer to: Australia * Cumberland County, New South Wales * the former name of Cumberland Land District, Tasmania, Australia Canada *Cumberland County, Nova Scotia United Kingdom * Cumberland, historic county *Cumberla ...
authorities immediately began a standard homicide investigation, but could find no one with any plausible reason to murder Burks. Then Rex called Burks' widow, Charlotte Burks, after seeing a picture of Looper on television, and told her that Looper was the man he had seen speeding away in the black car the morning of the murder. Looper later turned up in
Hot Springs, Arkansas Hot Springs is a resort city in the state of Arkansas and the county seat of Garland County. The city is located in the Ouachita Mountains among the U.S. Interior Highlands, and is set among several natural hot springs for which the city is n ...
, where he met with a friend,
United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
recruiter Joe Bond. Bond and Looper had been friends as children, and Looper had rekindled the friendship in the summer of 1998, largely on the basis of wanting Bond's expertise in small arms. Bond would eventually become a key witness for the prosecution in Looper's murder trial. Looper had stayed with Bond for a while, talking a great deal about how he had murdered his Senate opponent and how he needed to, among other things, change the tires on the car he had used in the murder, as well as hide the car. Looper was arraigned at a hearing that featured Bond as a surprise witness for the state. During the pre-trial phase, Looper attempted to have his former friend disgraced, and shuffled through at least six lawyers, one of whom filed a sealed court document explaining why, for ethical reasons, he could no longer be Looper's attorney.


Campaign after the murder

Tennessee state law required that the name of a candidate who died before the election be removed from the
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16 ...
, and it did not allow the candidate's party to replace a deceased candidate who died within 30 days of the election. Accordingly, after Burks' death, Looper became the only candidate listed on the official ballot for Burks' senate seat. Several people tried to have Looper's name stricken from the ballot, claiming that Looper's arrest constituted moral turpitude. The state Republican Party distanced itself from Looper. To prevent Looper from winning the state senate seat on a technicality, Burks' widow,
Charlotte Charlotte ( ) is the most populous city in the U.S. state of North Carolina. Located in the Piedmont region, it is the county seat of Mecklenburg County. The population was 874,579 at the 2020 census, making Charlotte the 16th-most populo ...
was put forth as a
write-in candidate A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be poss ...
for her husband's seat. Dozens of volunteers helped her campaign, including some Republicans. On election day, Charlotte Burks, as a write-in candidate, won the seat with 30,252 votes against Looper's 1,531 votes. One of her first initiatives as state senator was to introduce legislation to ensure that the name of any candidate who dies within 40 days of an election could remain on the ballot, thus preventing the situation that occurred after her husband's death. Charlotte Burks won re-election in 2002, 2006, and 2010. She retired after the 2014 election.


Murder conviction and sentence

Looper's
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
for murder finally occurred in 2000 after several delays because he repeatedly changed attorneys, most of whom filed a variety of motions requesting a different judge, as well as change-of-venue. Ultimately, Looper's trial was not moved; jurors were brought in from Sullivan County to reduce the chance that they had been influenced by pre-trial publicity. By the time of the trial, a work crew had found the weapon apparently used in the murder, near the junction of Tennessee State Route 111 and
I-40 Interstate 40 (I-40) is a major east–west Interstate Highway running through the south-central portion of the United States. At a length of , it is the third-longest Interstate Highway in the country, after I-90 and I-80. From west to ea ...
. Wes Rex and Joe Bond were both prominent witnesses for the prosecution, as were two political consultants who reported having been contacted at various times by Looper, who had told both men that he wanted to run a political race, and felt the surest way to win would be to murder his opponent.
Tennessee Bureau of Investigation The Tennessee Bureau of Investigation (TBI) is the state bureau of investigation of the state of Tennessee. It has statutory authority to conduct criminal investigations and make arrests of crimes occurring throughout the state. The bureau is ...
expert Sandy Evans testified that the tire tracks at the scene came from Looper's Audi. The prosecuting attorney, Tony Craighead, told the jury that Looper had intended to "win this election with a Smith & Wesson." For his defense, Looper tried to rely on testimony from his mother and her neighbors, who said he was visiting his mother's home in
Flowery Branch, Georgia Flowery Branch is a city in Hall County, Georgia, United States. As of the 2020 census, the city had a population of 9,391. It is part of the Gainesville, Georgia metropolitan area, and lies on the shores of Lake Lanier. History Flowery Branch wa ...
, on the morning that Burks died, but witnesses he produced to support his
alibi An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ...
were excluded from testifying because they had not been identified to the court before the trial, as required by Tennessee law. Despite overwhelming forensic and eyewitness evidence presented at trial, Looper's mother maintained her son's innocence to his death, and beyond. In August, 2000, Looper was convicted of
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
and sentenced to
life in prison Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
without chance of
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. The victim's family had requested that prosecutors not seek the death penalty. Following his conviction and sentencing, he was transferred to
Brushy Mountain State Penitentiary Brushy Mountain State Penitentiary last named Brushy Mountain Correctional Complex (also called ''Brushy'') was a large maximum-security prison in the town of Petros in Morgan County, Tennessee, operated by the Tennessee Department of Correctio ...
in
Petros, Tennessee Petros (pronounced pee-tross) is an unincorporated community and census-designated place (CDP) in Morgan County, Tennessee, United States, located on State Route 116. Its population was 583 as of the 2010 census. Petros has its own post office, ...
. When the Brushy Mountain Penitentiary closed in 2009, Looper was moved to the Morgan County Correctional Complex. In late 2001, Looper sued a TV station and individual station personnel for depicting him unfavorably in a broadcast interview. Meanwhile, Looper was also the subject of "Eliminating the Competition", episode 163 of the TV series ''
American Justice ''American Justice'' is an American criminal justice television program airing on the A&E Network. From 1992–2005, the show was hosted by television reporter Bill Kurtis. The show features interesting or notable cases, such as the murder ...
''. He also filed a lawsuit against
Tennessee Department of Correction The Tennessee Department of Correction (TDOC) is a Cabinet-level agency within the Tennessee state government responsible for the oversight of more than 20,000 convicted offenders in Tennessee's fourteen prisons, three of which are privately man ...
personnel and the contractor that provided medical services in Tennessee prisons, charging that the conditions of his confinement were unconstitutional and that he was not receiving adequate medical care. In that suit he asked for $47 million in damages. He also filed several unsuccessful motions to overturn his conviction.


Death

Looper was found dead in his prison cell on June 26, 2013. Nearly two hours before Looper was found, a prison incident report shows he assaulted a pregnant female counselor and had to be restrained. An autopsy revealed he had a heart condition caused by a combination of high blood pressure and hardening arteries; he also had a toxic level of anti-depressants in his system.


"Low Tax" name imitators

Other political candidates and public personalities have emulated Looper's adopted name or have independently adopted similar names. Among these were
Something Awful ''Something Awful'' (SA) is an American comedy website hosting content including blog entries, Internet forum, forums, feature articles, digitally edited pictures, and humorous media reviews. It was created by Richard Kyanka, Richard "Lowtax" K ...
founder Richard "Lowtax" Kyanka, who adopted his
nickname A nickname is a substitute for the proper name of a familiar person, place or thing. Commonly used to express affection, a form of endearment, and sometimes amusement, it can also be used to express defamation of character. As a concept, it is ...
as a reference to Byron Looper, for whom Kyanka nearly worked as an intern in the summer of 1997. In 1998, a candidate with the name Craig 'Tax Freeze' Freis ran for the California Board of Equalization. He finished fourth place (out of six candidates running) in the Democratic Primaries for the office. In Los Angeles County, a candidate by the name of John "Lower Taxes" Loew has run in every election for
county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
assessor between 2000 and 2018. He explained that he changed his name in order to send a message about his political positions. In 2000, Loew received less than 1% of the vote in the special election to fill a vacancy in the office. In 2002 and 2006, Loew lost the elections to incumbent Rick Auerbach by a 70%–11% margin in 2002, and by a 77%–23% margin in 2006. Loew ran again in 2010, where he finished in third place with 10.6% of the vote. In 2014 he finished in fourth place with 9.47% of the vote. In 2018 Loew again ran with the name "Lower Taxes" on the ballot and ended up in second place with 23.58%, forcing incumbent Jeffrey Prang into a runoff. Loew lost the runoff to Prang by a margin of a little over 20%.


References


External links

* * Mark Gribben
Assassination in Middle Tennessee
Crime Library: Notorious Murderers (Turner Entertainment Networks). Court TV account of the Looper case. {{DEFAULTSORT:Looper, Byron 1964 births 2013 deaths American assassins American people who died in prison custody American prisoners sentenced to life imprisonment Politicians convicted of murder Prisoners sentenced to life imprisonment by Tennessee American people convicted of murder People convicted of murder by Tennessee People from Cookeville, Tennessee Prisoners who died in Tennessee detention Tennessee politicians convicted of crimes County officials in Tennessee Georgia (U.S. state) Democrats Tennessee Republicans University of Georgia alumni United States Military Academy alumni