A mother was charged after her 2-year-old son choked to death while he was eating popcorn, and she’s been accused of abusing alcohol at the time of the incident.
Olivia Bithorn broke down in tears while in court on Monday, June 29, as she pleaded not guilty to manslaughter in connection to the death of her son, Luke Russell Jr., on April 12.
The incident took place when Bithorn, 36, and her two young children were staying at an Airbnb in Nassau County, Long Island.
Bithorn was accused of leaving Luke and his sister unattended at the property as she drank heavily. She then got sick in the bathroom. She allegedly gave the children uncooked popcorn kernels at one point during the evening, and one got lodged in Luke’s throat.
“Allegedly, she was in the bathroom, possibly getting sick because she had drunk so much,” Nassau district attorney Anne Donnelly said after the hearing, per 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.”
Bithorn told police she would not have fed her son popcorn because she was aware that the food is an easy item for young kids to choke on, according to Law and Crime. She then allegedly claimed that the kernels must have spilled on the floor after she made some for her daughter, 3, to eat as they watched a movie.
However, photographs from the Airbnb and obtained by investigators showed popcorn scattered close to an empty Tito’s bottle of vodka. One image even showed the vodka bottle on the carpet with a child’s pacifier nearby.
Prosecutors claimed that Bithorn left the children alone for more than an hour and she did not return until Ruby rushed to tell her that Luke was choking, according to News12.
“Her son was blue and cold to the touch,” Donnelly said of the incident. “They estimate, allegedly, he was dead for over an hour before 911 was called.”
Detectives said that Bithorn was so intoxicated she could barely stand when emergency responders arrived at the scene.
Donnelly added that Bithorn had been criminally charged because authorities believed her alleged negligence caused the young boy’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 what happened here, your non-presence, non-care elevates it to a crime.”
Prosecutors have said that Bithorn struggled with alcohol abuse in the past, and her estranged husband believed she had been sober for months before she took the kids on the trip.
Bithorn was arrested and arraigned on June 18, and was charged with one count of manslaughter in the second degree and two counts of endangering the welfare of a child.
Her bail was set at $500,000 during the June 29 hearing, which included a restraining order barring her from seeing her daughter and estranged husband.
Bithorn is next scheduled to next appear in court regarding the charges on July 23.
