Prosecutors said alcohol use and an unsafe food choice turned an April death into a criminal case.
MINEOLA, N.Y. — A Long Island mother was held on bail Monday after prosecutors said her 18-month-old son choked to death on popcorn kernels while she drank vodka inside a Merrick apartment.
Olivia Bithorn, 36, pleaded not guilty to manslaughter in the death of her son, Luke Russell Jr., during an April visit with her two children. Nassau County prosecutors said the case is now before the court because Bithorn allegedly left the toddler and his 3-year-old sister alone with unpopped popcorn kernels, then failed to respond while the boy was in distress.
Nassau County District Attorney Anne Donnelly said in court that Luke was “blue and cold to the touch” when help was finally called. Prosecutors said the child may have been dead for more than an hour before 911 was contacted. Donnelly said the girl found her brother unresponsive and alerted her mother that something was wrong.
The children were visiting Bithorn at her Merrick apartment in April, prosecutors said. Authorities said Bithorn gave them a bag of unpopped popcorn kernels and went into a bathroom, where she allegedly drank vodka and became sick. Investigators later found kernels on the floor near toys and a nearly empty bottle of vodka in the bathroom. Prosecutors said the kernels became lodged in Luke’s throat.
Donnelly said the facts alleged by investigators separated the case from a brief lapse in supervision. “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 if something happens.” Prosecutors said Bithorn knew the children were too young to be left with the food.
Authorities also described what they called a longer pattern of alcohol abuse that had placed the children at risk before Luke’s death. Prosecutors said Bithorn had spent time in and out of rehab and had been involved in earlier incidents tied to drinking, including car crashes and a disappearance. Her estranged husband believed she had been sober when the children went to see her, prosecutors said.
Bithorn’s attorney entered a not guilty plea. The defense also asked that reporters be kept out of the courtroom, but the judge denied the request. Bithorn had been receiving treatment at a rehabilitation center, but prosecutors argued she could not be trusted to return to court. A judge ordered her held on bail, reported as $250,000 cash or $500,000 bond.
Luke’s father declined to comment after the court appearance. The case now moves through Nassau County Court, where prosecutors must prove that Bithorn’s alleged actions showed reckless disregard for the toddler’s safety. If convicted, she faces a prison term of five to 15 years.
Author note: Last updated June 30, 2026.