Prosecutors say the 18-month-old boy died after being left unattended with unpopped kernels.
MERRICK, N.Y. — A Long Island mother has been charged with manslaughter after prosecutors said her 18-month-old son choked to death on an unpopped popcorn kernel while she drank alcohol in another room during an April visit.
Olivia Bithorn, 36, faces one count of second-degree manslaughter and two counts of endangering the welfare of a child in the death of her son, Luke Russell Jr. Prosecutors said the case moved from a tragic choking death to a criminal charge because Bithorn allegedly left two young children alone with a known choking hazard while she was intoxicated.
The incident happened April 12 in Merrick, where Bithorn was staying with Luke and his 3-year-old sister during an overnight visit, prosecutors said. Authorities said Bithorn gave the children a bag of unpopped popcorn kernels, then went into a bathroom and drank vodka. Nassau County District Attorney Anne Donnelly said the boy was later found blue and cold to the touch. Investigators estimated he had been dead for more than an hour before 911 was called.
Prosecutors said Luke’s sister alerted Bithorn that something was wrong. Police later found popcorn kernels scattered near the child, along with toys on the floor and a nearly empty bottle of vodka in the bathroom, according to accounts presented in court. Donnelly said the child choked after a kernel became lodged in his throat. Bithorn told investigators she would not have knowingly given the boy kernels to eat and said the popcorn may have spilled after she made popcorn for her daughter.
The case has focused on what prosecutors described as a history of alcohol abuse and earlier safety concerns involving the children. In court, prosecutors said Bithorn had been in and out of treatment programs and alleged that her drinking had put her children at risk before, including in car crashes. Her estranged husband had not allowed her to have an overnight visit with the children for months, according to prosecutors, who said he believed she had been sober at the time of the April visit.
Bithorn pleaded not guilty. Her attorney has disputed the prosecution’s account, and the charges remain allegations unless proven in court. A judge set bail at $250,000 cash or $500,000 bond and issued an order barring Bithorn from contact with her estranged husband and surviving child. If convicted of second-degree manslaughter, she could face five to 15 years in prison.
Donnelly said the case turned on Bithorn’s alleged failure to supervise the children after giving them the kernels. “It’s an accident if you leave the room for a few minutes,” Donnelly said. She said prosecutors believe the conduct became criminal because Bithorn allegedly gave the children the kernels and was not present when Luke began choking.
Bithorn is next scheduled to appear in court July 23. The case remains pending in Nassau County as prosecutors continue to present evidence tied to the child’s death, the scene inside the Merrick residence and Bithorn’s condition when police arrived.
Author note: Last updated July 4, 2026.