A New York mother has been charged with manslaughter after prosecutors say her 18-month-old son choked to death on popcorn kernels while she was drinking vodka in the bathroom.
Olivia Bithorn, 36, cried in court Monday as the Nassau County District Attorney’s Office described the heartbreaking death of her baby boy, Luke Russel Jr.
Prosecutors said Bithorn’s two young children were visiting her Merrick apartment in April when she allegedly gave Luke and his 3-year-old sister a bag of unpopped popcorn kernels. Authorities said she then left the children alone while she drank vodka in the bathroom.
Nassau County District Attorney Anne Donnelly said Luke was later found “blue and cold to the touch.”
“They estimate, allegedly, he was dead for over an hour before 911 was called,” Donnelly said. “Allegedly, she was in the bathroom possibly getting sick because she had drank so much.”
According to prosecutors, Luke’s 3-year-old sister was the one who found him unresponsive.
Donnelly said the case went beyond a tragic accident because Bithorn allegedly gave the young children a known choking hazard, left them unsupervised and was impaired by alcohol.
“It’s an accident if you leave the room for a few minutes and your child is,” Donnelly said. “But it’s criminal if you actually give your child these kernels to eat and not be present if something happens.”
Prosecutors said Bithorn had a long history of alcohol abuse and had cycled in and out of rehab for years. They also described previous alleged incidents where they said her drinking put her children in danger, including car crashes and even a disappearance.
Bithorn pleaded not guilty.
Her attorney asked the judge to keep reporters out of the courtroom, but the request was denied.
At the time of the hearing, Bithorn was being treated at a rehab center, but prosecutors argued she could not be trusted to return to court. The judge ordered her held on $250,000 bail.
If convicted, Bithorn faces 5 to 15 years in prison.
Her estranged husband declined to comment as he left court.
