A New York mother is facing a manslaughter charge after prosecutors say her 18-month-old son fatally choked on popcorn while she was intoxicated in a bathroom.
Olivia Bithorn, 36, broke down in court Monday as she entered a not guilty plea in connection with the death of her son, Luke Russell Jr., on the night of April 12.
The incident occurred while Bithorn and her two children were staying at an Airbnb in Nassau County on Long Island, according to an indictment reviewed by the Daily Mail.
Prosecutors claim Bithorn left Luke and his 3-year-old sister, Ruby Russell, unsupervised at the rental property after drinking heavily and becoming ill in the bathroom.
Investigators allege that, at some point that evening, she handed the children uncooked popcorn kernels, one of which became stuck in Luke’s throat.
“Allegedly, she was in the bathroom, possibly getting sick because she had drank so much,” Nassau District Attorney Anne Donnelly said after the hearing, according to Newsday.
“She allegedly was intoxicated, gave the children a bag of unpopped popcorn and her son was eating the kernels, and they got stuck and he died,” Donnelly added.
Parents are commonly cautioned against giving popcorn to young children because its size, shape and texture can make it a serious choking hazard.
Olivia Bithorn, 36, of Brooklyn, New York, has been charged with manslaughter after her two-year-old son died by choking on popcorn while she was drunk in the bathroom
Luke Russell Jr. died on April 12 after choking on a popcorn kernel. He was with his sister, three
Shocking photographs presented by prosecutors as evidence from the scene of the Airbnb in Nassau County shows an empty bottle of Tito’s vodka on the carpet with a dummy close by
The American Academy of Pediatrics (AAP) warns that popcorn belongs on the do-not-eat list for toddlers without exception.
Along with food including raw carrots, whole grapes, hard candies, and marshmallows, popcorn has ‘the same high-risk physical characteristics that create effective plugs for the pediatric airway,’ the AAP website states.
Bithorn told police she would not have fed her son popcorn because she was aware of the risks, according to Law and Crime, adding that the kernels must have spilled on to the floor after she made some for her older child to eat while watching a movie.
However, shocking photographs from the Airbnb appear to cast doubt over that narrative, showing popcorn scattered close to an empty Tito’s bottle of vodka.
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One image from the basement property on Stuyvesant Avenue in Merrick shows the bottle on the carpet with a child’s dummy close by.
Prosecutors claim Bithorn left the children alone for more than an hour, until her daughter rushed to tell her that Luke was choking, according to News12.
‘Her son was blue and cold to the touch,’ Donnelly said. ‘They estimate, allegedly, he was dead for over an hour before 911 was called.’
Bithorn was so intoxicated she could barely stand by the time emergency responders arrived at the scene in the early hours of April 13, according to detectives.
Prosecutors allege that Bithorn (pictured) left Luke and his older sister Ruby Russell unattended in the property as she drank heavily before getting sick in the bathroom
Bithorn is pictured in a Facebook photograph dated 2020 with her ex-husband Luke Russell
Donnelly said the mother has been criminally charged because the alleged negligence caused her son’s death.
‘It’s an accident if you leave the room for a few minutes,’ Donnelly said.
‘But it’s criminal if you actually give your child these kernels to eat and not be present in case something happens, which is exactly happened here, your non-presence, non-care elevates it to a crime.’
Prosecutors said Bithorn has struggled with alcoholism in the past.
She is separated from her husband, and he believed she had been sober for months when she took their children for the overnight trip.
Bithorn has been charged with one count of manslaughter in the second degree, and two counts of endangering the welfare of a child, according to the document.
She was arrested and arraigned on June 18. On Monday, Judge Tammy Robbins set her bail at $500,000, with a restraining order barring her from seeing her daughter and estranged husband.
Bithorn will next appear in court on July 23.
