Prosecutors allege a Nassau County mother left her two young children unattended while intoxicated, leading to the choking death of her 18-month-old son.
Mineola, NY – A Long Island mother has been charged with manslaughter after prosecutors say her 18-month-old son choked to death on unpopped popcorn kernels while she was intoxicated and left him unattended at a rental home in Nassau County.
Olivia Bithorn, 36, was arraigned this week on one count of manslaughter and two counts of endangering the welfare of a child in connection with the April death of her son, Luke Russell Jr., according to the Nassau County District Attorney’s Office.
Prosecutors detail allegations
Authorities allege the incident occurred April 12 at an Airbnb in Merrick, where Bithorn was staying with her 18-month-old son and 3-year-old daughter.
According to prosecutors, Bithorn became heavily intoxicated and left the children unattended for an extended period while she was in a bathroom. During that time, investigators allege she gave the children a bag of unpopped popcorn kernels, which the toddler ate before the kernels became lodged in his throat, blocking his airway.
“Allegedly, she was in the bathroom, possibly getting sick because she had drank so much,” Nassau County District Attorney Anne Donnelly said following the arraignment, 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.”
Defense disputes prosecution’s account
According to court proceedings, Bithorn denied intentionally giving her son unpopped popcorn. She reportedly told investigators she had prepared popcorn for her daughter while the child watched a movie and believed any loose kernels had spilled onto the floor.
Prosecutors challenged that account by presenting crime scene photographs they said showed popcorn kernels and children’s toys scattered across the floor, along with a nearly empty bottle of Tito’s vodka nearby.
Authorities also allege the defendant did not immediately respond to the emergency and that her 3-year-old daughter alerted her that Luke was in distress.
“It’s an accident if you leave the room for a few minutes,” Donnelly said, according to Newsday. “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.”
If convicted, Bithorn faces significant prison time. The charges remain allegations, and she is presumed innocent unless proven guilty in court.
Key Points
- A Nassau County mother has been charged with manslaughter after prosecutors say her 18-month-old son choked on unpopped popcorn kernels.
- Investigators allege the child was left unattended while the defendant was intoxicated at an Airbnb in Merrick.
- The defendant denies intentionally giving the toddler the kernels, and the case will proceed through the New York court system.
Related: Long Island, Nassau County, Olivia Bithorn, Anne Donnelly, Manslaughter