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Prosecutor doesn't doubt remorse of mother who left boys alone before fire took their lives

By Howard B. Owens

The assistant district attorney who prosecuted Heather Ace believes the Batavia mother whose 2-year-old twin boys died in a house fire 8157 State Street Road, Batavia, in May of last year is genuinely remorseful for leaving her children home alone unattended.

Ace was sentenced yesterday to a year in jail after previously pleading guilty to endangering the welfare of a child.

ADA Melissa Cianfrini said Ace has been remorseful since the night of the fire.

"As I said at sentencing, if she could go back and undo it she would a million times over," Cianfrini said. "I didn't doubt her remorse or that it was sincere."

Cianfrini said the DA's office is obligated to follow the evidence and the law and prosecute suspects with the highest charges available to them based on the evidence and the law. Since there is no indication that Ace was involved in any way with starting the fire or causing the fire, the only charge that fit the crime, Cianfrini said, was endangering the welfare of a child.

She originally faced two charges, but since both charges stemmed from the same event, she could not receive separate, consecutive one-year sentences. The maximum available sentence was a year in jail.

The cause of the fire has never been determined and this morning Chief Deputy Jerome Brewster said that while electrical has been ruled out as a cause, there was no evidence uncovered that suggested any other cause.

Ace wasn't at home at the time of the fire. There was also nobody else with Michael and Micah Gard when the fire broke out. They were locked in a bedroom and nobody was able to reach them in time after the fire was spotted by neighbors. The boys died of smoke inhalation. 

According to her statement, Ace left the tots home alone to go to a friend's house. She said she stopped to buy a malt liquor and also smoked some marijuana while she was out of the house.

When Ace's mother heard about the fire, she tried calling Ace, who didn't answer her phone. She then sent a text to her daughter, according to statements to investigators, "Answer your f---ing phone."

Ace answered on the next ring. She was hysterical by the time she reached her house a few minutes later.

"She had no role in the fire," Cianfrini said. "It was a serious lack of judgment (leaving the boys alone)."

Howard B. Owens

Even if we concede, "She was jonesing to get high," isn't that "lack of judgment" in its purest form, especially leaving young children home alone to do it?

May 23, 2017, 2:23pm Permalink
Lisa Woltz

I am trying so hard to contain myself on this post. I'll probably state- This is only MY Opinion several times. I don't want anyone to tell me how I should feel.

There are so many children out there and this story doesn't tell what she lied about to the investigators. "Their mother, Heather Ace, had told her parents she was running to the store to get “something for the kids to drink” and that she had put the twins to bed for the night, investigators said."

I don't know what Genesee Co CPS calls Child Neglect, Abandonment, Cruelty to Children, Reckless Endangerment. There is no one charge in this case. She was very reckless leaving those children. Not one but two defenseless sleeping children alone. She didn't have any remorse when she lit up that marijuana. She didn't have any remorse when she went to the store and bought beer instead of milk, like she told the parents and the investigators. She wasn't remorseful when her sister tried to call her and text her. She- in the ADA's own words, "ADA Melissa Cianfrini said Ace has been remorseful since the night of the fire." Since? Since she got caught?

There are two beautiful young babies who will never have a chance to grow up. There are people who may not feel the way I do and maybe there are. Nonetheless, it's my opinion. 1 year for the lifetime of these two angels who didn't deserve to die because their Mom CHOSE to leave them alone. CHOSE to put them in danger. I, IN MY OPINION, feel 1 year is like a slap in the face to those little ones who are now laying in the ground.
Rest In Peace little angels

May 23, 2017, 4:53pm Permalink
Thomas Callan

Billy, read Lisa`s statement above. This story is so sad,,,, its comedic! Lisa hit the nail right on the head!!! A Tragicomedy is: "an incident having BOTH TRAGIC and COMIC elements! Tragic= the death of two babies. Comic= the inability for a liberal prosecutor to see the truth, and her failure to get justice!! BUT IF YOU USE LACK OF GOOD JUDGEMENT, AND DRINK & DRIVE IN GENESEE COUNTY,,, YOU WILL GET MORE JAIL TIME THAN SOMEONE WHO LET TWO BABIES DIE!! GO FIGURE!!!

May 23, 2017, 8:27pm Permalink
Thomas Callan

AND ONE MORE THING! If you corner a rattlesnake, and try to pick it up by the head,,, whose fault is it when he bites you??? Lack of Good Judgement - or - just plain stupidity??

May 23, 2017, 8:34pm Permalink
david spaulding

in my opinion you two are holier than thou ......... very well when it comes to judging too.
shall I call you perfect Thomas and perfect Lisa ? I think I will for I choose to.

May 23, 2017, 9:09pm Permalink
Ed Hartgrove

Thomas Callan.

I have a question, that, maybe, only you can answer.

Who is the Billy you addressed your comment to?

May 23, 2017, 11:16pm Permalink
Thomas Callan

dave, I don't think I am better than anyone else,,, just you and the baby killer and the Liberal ADA! I live in Mumford, not hard to find, if you wish to continue this.

May 24, 2017, 12:53am Permalink
Howard B. Owens

There is no person named Billy who works for The Batavian. There is no person named Billy who left a comment earlier in this thread.

Billy is a boy's name, so I'm certainly not married to anybody named Billy.

May 24, 2017, 8:29am Permalink
Ed Hartgrove

Howard.
It just dawned on me.
Maybe people from Mumford listen to The Batavian on the radio.

;)

May 24, 2017, 11:35am Permalink
Billie Owens

Thomas, you posted the comment with the word "tragicomedy" in it before Lisa's post. I know what the term means. It is still not accurate in my view. Also, please edit your post to remove the profanity or I will take it down.

May 24, 2017, 1:02pm Permalink
Lisa Woltz

david spaulding, I am far far from perfect. There is only one Man in this world who is. You have your opinion and it's okay. However, you can play judge, juror and executioner towards me- I won't get my feelings hurt. I've had worse said to me. The "holier than thou"'' comment sat a little sour on my stomach. You question me and yet in the next sentence you say, " I think I will for I choose to". For you to do so, you are choosing to say you are a God and can judge me. I was raised in the south and there's one thing we say when someone says so demeaning to play God. "BLESS YOUR HEART. GOD DON'T LIKE UGLY"

May 24, 2017, 1:43pm Permalink
Thomas Callan

Howard, sorry I cussed. Ed, I think I know you? Did you used to play pool in LeRoy? People from Mumford work hard, love their families, catch big trout, and play football too. This whole thing has gotten out of hand. It just nauseates me when two babies are neglected to point of death, that is TRAGIC. It is also comedic because no one in the DA`s ofice believes it is TRAGIC!! This would not happen in Livingston or Monroe Counties

May 24, 2017, 2:08pm Permalink
Howard B. Owens

I don't know where you get that nobody in the DA's office doesn't believe it isn't tragic. I don't think you can find anybody in Genesee County who won't say it isn't tragic, horrible and sad.

May 24, 2017, 2:40pm Permalink
Billie Owens

Thomas, apologizing to Howard for cussing does not remove the offensive language form your previous post, which I asked you to do, else I would remove it. It remained, thus your previous post with profanity was deleted.

May 24, 2017, 3:08pm Permalink
Thomas Callan

Billy, Do what you got to do!!!! I did not condone the death of two babies. ADA cianfronti did. Also Billy, my only regret is that I didn`t use more graphic words. Words that only obtuse or myopial people could understand!!! That`s why all the "tough guys" type, instead of "to your face" Ah I forgot,,, the 1st amendment to the Constitution insures us free speech,, unless Billy gets mad. I take back my opology& I will delete you from my computer. Remember,,, I am not hard to find!

May 24, 2017, 6:20pm Permalink
Billie Owens

Thomas, who exactly is obtuse? My name B-i-l-l-i-e -- with an ie at the end, not a y.

If you want to use more graphic words, start your own news site.

We are not the government. Only the government can censure your First Amendment rights; We are a privately owned business and have the right to set whatever law-abiding standards we choose.

Thus, it is my prerogative to censure foul language.

You are "taking back your apology" and removing us from your computer?...In the words of Lewis Carrol: "Oh frabjous day! Callooh! Callay!"

May 25, 2017, 12:54am Permalink
C. M. Barons

Anyone sufficiently disconnected from reality to imagine that the young mother who made an error in judgment did so with even a hint that it might take the lives of her children is likely also sufficiently disconnected from reality to imagine that the same young mother isn't going to suffer the rest of her life (regardless of the environs) reliving her error. She certainly does not require the sufficiently disconnected to remind her of the cost. ...Nor is justice served by a bunch of grandstanders tossing peanuts at the elephant. Tragicomedy. Sheesh!

May 25, 2017, 3:03am Permalink
Billie Owens

I'm making "sufficiently disconnected" part of my repertoire, now that I can see how perfect its application can be. Thanks for that, C.M.

May 25, 2017, 1:12pm Permalink

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