A New York mother has been indicted on manslaughter charges after her 18-month-old son died from choking on popcorn kernels while she was allegedly intoxicated at an Airbnb, prosecutors said.
Olivia Bithorn, 36, pleaded not guilty on Monday to causing the death of her son, Luke Russell Jr., on April 12. According to an indictment, the incident occurred while Bithorn and her two children, Luke and his sister Ruby, 3, were staying at an Airbnb in Nassau County, Long Island.
Prosecutors allege that Bithorn provided the children with uncooked popcorn kernels and became heavily intoxicated, eventually becoming sick in the bathroom. At some point, a kernel became lodged in her son's throat. Evidence presented by prosecutors included photographs from the scene showing scattered popcorn kernels near an empty bottle of vodka and a child's pacifier.
Nassau County District Attorney Anne Donnelly stated that Bithorn was allegedly intoxicated and gave the children the popcorn kernels. She also claimed that Bithorn left the children unattended for over an hour, with her daughter eventually alerting her to the situation. By the time emergency responders arrived on April 13, the child was reportedly blue and cold to the touch, and investigators estimated he had been dead for more than an hour.
Donnelly emphasized that while leaving a room for a few minutes might be an accident, providing children with high-risk foods like popcorn kernels and not being present to intervene elevates the situation to a crime. The American Academy of Pediatrics warns that popcorn is a choking hazard for toddlers due to its shape and texture, advising it should not be given to children under the age of four.
Bithorn reportedly told police she did not give her son popcorn, suggesting the kernels may have spilled from a bag she prepared for her older child. However, the scene photographs, including one showing the vodka bottle on the carpet, appear to contradict this claim, according to prosecutors.
Bithorn has a history of alcoholism, according to prosecutors. She is separated from her husband, who believed she had been sober for months prior to the trip. In addition to one count of manslaughter in the second degree, Bithorn faces two counts of endangering the welfare of a child. She was arrested and arraigned on June 18. A judge set her bail at $500,000 and issued a restraining order preventing her from contacting her daughter and estranged husband. Her next court appearance is scheduled for July 23.