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Mother of twin tots killed in State Street Road fire charged with endangering the welfare of a child

By Billie Owens

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Heather M. Ace, 25, was arrested today and charged with two counts of endangering the welfare of a child, according to a press release from the Genesee County Sheriff's Office.

The arrest comes after an investigation into a structure fire at 8157 State Street Road, Batavia, which occurred on May 20 and claimed the lives of twins Micah and Michael Gard.

The children were inside their bedroom at the residence at the time. The investigation determined that the fire originated either inside of, or in close proximity to, the children's bedroom. The cause of the fire remains undetermined.

Ace is accused of leaving her 2-year-olds home alone inside her residence for a period of time estimated to be about an hour and a half, without providing, nor arranging for, supervision for them.

The case was investigated by the Genesee County Sheriff's Office, Genesee County District Attorney's Office, Genesee County Emergency Management Office and the Town of Batavia Volunteer Fire Department.

Ace was issued an appearance ticket and is scheduled to be in Town of Batavia Court at 1 p.m. on Monday, Oct. 3.                                                                                                                                                                        

UPDATE: 8 P.M.

According to Genesee County Sheriff's Investigator Jerry Brewster, Ace cooperated with law enforcement personnel during the investigation.

"She met with us at the (Genesee County) Jail for processing," he said. "We know the places she went (to), what she did and with whom during that time period. Since charges have been lodged relative to all of this, I am not at liberty to say more at this time.

"I will say, however, that she remained in Batavia. Additionally, she did not go to a bar."

Joe Burke, owner of the home where Ace lived with her sister, and also of the home next door where her parents lived, said the boys deserved better.

"She should have been charged with more than that (endangering the welfare of a child)," he said. "Those little boys certainly had the right to live."

Her parents no longer live next door, having relocated to Stafford, Burke said.

Property owner Joe Burke stands next to the two trees planted as a memorial to Micah and Michael Gard at the State Street Road location. Photo by Mike Pettinella.

Dan Kemp

I've never been I a like situation and can only pray to god for myself and others out there who have younger children.....heather,I don't know you and the amount of loss and pain that it appears your going through 100%breaks my heart..listen, we all know this is a terrible tragedy that has happen to this beautiful family and ask that people please refrain from the negative remarks towards her and her family.we are all quick to jump to a conclusion and enact a mock trial in our head as to what did and should of hapen.there are men and women in the law enforcement field that are tirelessly trying to do just that. Regardless of the mistake this young lady has made it cannot change the outcome. We all need to let her properly greave and begin the healing process so she can continue to be a mother for her other child.as in the article today, let the trained professionals be the judge. Not us.when looking at someone's picture, don't be so quick to judge. You say she's high but I see a mom that is engulfed with loss,stress,grief and trying find her way. Positive re enforcement is what she needs. Not all the rude,I know it all and judgemental remarks.

Sep 15, 2016, 11:46pm Permalink
Brian Graz

I just heard on WHAM radio tonight that 'it appears that the fire's origin had human involvement'. This terribly tragic tale is getting more awful and ugly as the details come.

Sep 16, 2016, 10:08pm Permalink
Dan Kemp

Brian,
Thank you for your reply to this article in general. I think for me it's the empethetic /human part of me that feels for the family. I have four beautiful children that are my driving force and everything I do is benefiting them in someway whether it past,present or in the future. I say this because God forbid I ever encountered a tragedy like this that I would have people and most of all my loved ones there to support me. What needs to happen is people need to withdrawal all of the negetivety and conspiracy theories and be a human being. NONE of us are perfect and before one decides to negatively bash a person they need to ask themselves (what if it where you). What if it where your daughter,sister,mother going through what she is going through? Is that how you would want her to be treated? In life tragedy and mistakes are going to happen no matter who you are. The key is what you do to get up and/or help your neighbor get up."NEVER LOOK DOWN UPON A PERSON UNLESS YOUR LOOKING DOWN AT THEM WITH THE INTENTIONS OF HELPING THEM UP"

Sep 17, 2016, 1:11am Permalink
Jim Urtel Jr

Too bad this "mistake" cost 2 kids their life. If the Mother was home this probably wouldn`t have happened. Bottom line is you don`t leave your 2 year-olds home alone for no reason!

Sep 17, 2016, 9:03am Permalink

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