A New York mother has been charged with manslaughter and endangering the welfare of a child after her 18-month-old son died from choking on popcorn kernels. Olivia Bithorn, 36, pleaded not guilty to the charges in court on Monday.
Prosecutors allege that on the night of April 12, Bithorn was staying at an Airbnb in Nassau County with her two children, Luke Russell Jr., 18 months, and his sister Ruby Russell, 3. According to an indictment, Bithorn allegedly consumed a significant amount of alcohol and became ill in the bathroom, leaving the children unattended. During this time, she reportedly gave the children uncooked popcorn kernels, one of which became lodged in her son's throat.
Nassau County District Attorney Anne Donnelly stated that Bithorn was allegedly intoxicated and provided the children with the popcorn kernels. The DA added that Luke was found "blue and cold to the touch," and it is estimated he had been deceased for over an hour before 911 was called. Evidence presented by prosecutors included photographs from the Airbnb showing scattered popcorn and an empty bottle of Tito's vodka near a child's dummy.
Bithorn told police she was aware of the dangers of feeding popcorn to young children and claimed the kernels must have spilled from a bag she made for her older daughter. However, the scattered popcorn and the presence of alcohol at the scene are alleged to contradict this account. Prosecutors contend that Bithorn left the children alone for more than an hour before her daughter alerted her to Luke's distress.
Medical and child safety organizations, including the American Academy of Pediatrics, warn that popcorn poses a significant choking hazard for toddlers due to its shape and texture. The AAP explicitly lists popcorn as a food to avoid for children under four.
Prosecutors stated that Bithorn's alleged negligence led to her son's death, distinguishing it from an accidental situation. "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."
Bithorn has a history of struggling with alcoholism, according to prosecutors. She is separated from her husband, who reportedly believed she had been sober prior to the trip. In addition to the manslaughter charge, Bithorn faces two counts of endangering the welfare of a child. She was arrested and arraigned on June 18.
Bail was set at $500,000 by Judge Tammy Robbins, who also issued a restraining order preventing Bithorn from seeing her daughter and estranged husband. Her next court appearance is scheduled for July 23.