Inset left to right: Olivia Bithorn and Luke Russell Jr. (Nassau County District Attorney”s Office). Background: The Nassau County Court House (Google Maps).
A mother in New York state is behind bars after her toddler son choked to death on popcorn kernels while she was drinking to excess, Empire State law enforcement says.
Olivia Bithorn, 36, stands accused of manslaughter over the death of 18-month-old son Luke Russell Jr., according to prosecutors. She is also charged with two counts of child endangerment.
The underlying incident occurred earlier this year at an Airbnb where the defendant was staying with her children in Merrick, a hamlet in Nassau County on Long Island.
On April 12, Bithorn left Luke and his 3-year-old sister unattended as she drank heavily and then got sick in the bathroom, prosecutors say.
During the period of alleged inattentiveness, the defendant gave her children uncooked popcorn kernels, according to law enforcement. The little boy ate some kernels, which became lodged in his throat, obstructed his airway, and led to his death, authorities say.
“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.”
The defendant, for her part, told police she would not have given her son such food to eat — both for safety and nutritional reasons — and insisted some of the popcorn must have just spilled on the floor after she made her daughter popcorn to eat while the girl watched a movie.
But law enforcement sought to counter Bithorn’s narrative in court this week by showing photographs of the crime scene. Some of those photographs showed popcorn kernels and toys all over the floor; another photo showed a nearly empty bottle of Tito’s vodka nearby.
Prosecutors also took the defendant to task for the time they say it took her to respond — the children were allegedly left alone for over an hour — as well as the order of events. As it turned out, the defendant’s daughter had to alert her mother to what was happening to Luke, authorities said, according to regional cable news channel News12.
“It’s an accident if you leave the room for a few minutes,” Donnelly continued. “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 also reportedly said that Bithorn’s estranged husband believed she had been sober for months when she took the kids for the overnight visit.
The investigation into the boy’s death spanned several months. Bithorn was arrested and arraigned on June 18, court records show.
That same day, she was released on her own recognizance.
In court on Monday, prosecutor Brian Rodriguez argued for the defendant to be detained pending trial, citing a long history of drug and alcohol abuse. The prosecutor said Bithorn used drugs and alcohol before and during her pregnancy with her now-deceased son.
During the early morning hours on April 13, the defendant allegedly had so much alcohol she could barely stand, detectives said.
“Her son was blue and cold to the touch,” Donnelly went on. “They estimate, allegedly, he was dead for over an hour before 911 was called.”
The court sided with the state, setting bail at $500,000 and issuing a restraining order barring Bithorn from having any contact with her estranged husband or her 3-year-old daughter.
The defendant is next slated to appear in court on July 23.
