Thursday, October 1, 2026
A Merrick mother has been indicted on a manslaughter charge in the choking death of her 18-month-old son after prosecutors alleged she was intoxicated and left him and his 3-year-old sister unattended while he ate unpopped popcorn kernels.
Olivia Bithorn, 36, pleaded not guilty to one count of second-degree manslaughter and two counts of endangering the welfare of a child during her arraignment in Nassau County Court.
According to the indictment, prosecutors allege Bithorn recklessly caused the death of her son, Luke Russell Jr., between April 12 and 13 at the family's basement apartment on Stuyvesant Avenue in Merrick. She is also charged with endangering the welfare of Luke and his 3-year-old sister, Ruby Russell.
During a court appearance Monday before State Supreme Court Justice Tammy Robbins, Bithorn was ordered held on $500,000 bail after she lost the ability to pay for continued treatment at a drug and alcohol rehabilitation facility. She had previously been released on her own recognizance on June 18 under the condition that she wear an ankle monitor and remain in inpatient treatment.
Prosecutors allege Bithorn, who has acknowledged struggling with drug and alcohol dependency, drank heavily on the night of April 12 before giving her children a bag of unpopped popcorn and leaving them unattended for more than an hour while she was in the bathroom becoming ill.
"Allegedly, she was in the bathroom, possibly getting sick because she had drank so much," Nassau County District Attorney Anne Donnelly said after the hearing. "She allegedly was intoxicated, gave the children a bag of unpopped popcorn and her son was eating the kernels, and they got stuck and he died."
According to prosecutors, Luke choked to death on the popcorn kernels while his mother was away from the children. Investigators said photographs taken inside the apartment showed toys and popcorn kernels scattered across the floor near a nearly empty bottle of Tito's vodka.
Donnelly said the circumstances distinguish the case from a tragic accident.
"It's an accident if you leave the room for a few minutes," she 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 what happened here. Your nonpresence, noncare elevates it to a crime."
Robbins also issued an order of protection prohibiting Bithorn from contacting her husband or daughter.
Bithorn is scheduled to return to court on July 23.
