Genesee County Sheriffs Office

Accusatory Instrument
STATE OF NEW YORK
COTINTY OF GENESEE
TOWII COURT : TOWN OTBATAYIA

RECEIVED
off 1 1 2016

Mu4tbS**4?r*W
vs.

TOWNOFBATAVIA

BY-

Heather M. Ace
MISDEMEAI.{OR
COMPTAINT

DEFENDANT

BE IT KNOWN THAT by this Misdemeanor Complaint, Investigator B.D. Maz,ur astlre comglainant
herein, with offiss at the Genesee County Sheriffs Office 165 Park Road Bataviq NY 14020, accuses
the above mentioned defendant,with having committed the offense of Eudangering the Welfare of a
Clild, a Misdemeanor, in violation of section 260.10 (1) of the Penal Law of the State of New York.
is guilty of Endaugeringthe l{elfare of a Child when he
knowingly acts in a manner likely to be injurious to the physical, ment*l or moral welfare of a child
less than 17 years old or direch or authorizes such child to eugagc iu an occupetion involving a
substantial risk of danger to his life or health. Endangerin-g the Welfare of a child is a Class A

Cotlltff 1: CIWO COUNTS),A person

MisdCmeanor.
The facts upon raihich this Misdemeanor Complaint is based are rxl follows:

atltate

Steet Road located within the Town of

T'hat on May 2},2ll6at about 9:59 P.M, while
Batavia, County of Genesee, Nerv York the defendant HeatherM. Ace did knowingly act in a manner
likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old, TO WTI:
at the'aforesaid time and place Heather M. Ace did knowingly leave her two children, both age two, home
alone and unattended in a locked bedroom within her residence for an extended period of time while
failng to arrangb for the proper care and supervision for the children.
Foregoing all conrary to the provisions of the stahrte in such case made and provided.
The foregoing factual allegations are based upon information and belie( the sources of the information and belief being the
attached verified suppcrting depositions, oral admissions of the defendaat and an official polioe investigation.

"'lT;;::l:,1'*;'I#"i11tT,**
It is a crime, pu:rishable

as a Class A. Misdemoanor under the laws of the Stste ofNew York, for a pen on, in and by a written
instument, to knowingly make a false stalement, or to make a statemed which such person does not believe to be true.

AFFIRMED UNDER P.ENALTY OF PERruRY THIS

14& day of September,2016

Genesee County Sheriffs Office

Notice to Defendant
Pursuant to 7ro.3o CPL
And Zoo.Zo CPL

?a4roltl. Stata4full^l

RECHIVED

vs.

ocT 1 1

Heather M. Ace

DoB:I!

TOT^/N OF BATAV'A

DEFENDANT

NOTICE TO DEFENDANT OF INTENTION TO OFFER EWDENCE AT TRIAL

Sections 710.30 and 700.70CPL
The

people intend to offer at trial:

STATEMENTS OF DEFENDANT: Evidence of a statement by the Defendant to a

Fublic Servant engaged in law enforcement activity or to a person then acting under his
direction or in cooperation with him.

WRITTEN STATEMENT: Attached

ORAL STATEMENT: N/A

Reporting Officer:lnvestigator J. M. Graff

2016

RGMHME COUNTY SHERIFF'S OFFICE

- :*:.,*nvoLUNrARY

srArEMENr

o,n

iJ&f lt

.\
have reaA tnis\tateinent in its entirety, corsisting

true and correct

of 3

rimestart

furt

*,Jfi($

page(s) and the facts contaiued herein are

Signature of Peruon giyirgVoluntary Statement:

Officer taking Statiment:

Date and Time StatementFinished:

,, fr31 -,rg.

GENESEE COUNTY SHERIF'F'S OFFICE

VOLUNTARY STATEME1YT fuful

starement

,.

Mu

4.

#{O

o*", vs{tif 16

have read this statement in its entirety, consisting

of

rimestarred

,t@ilUt{

page{s) and the facts contafued herein are

true aud corect.

Signature of Persoa gMngYoluntary Statement:

Offieer taking St*tement:

Dateand Time Statemont

.,N;

" B3i,f

we

GENESEE COT}NTY SI{ERIFF'S OFFICE

VOLTNTARY STATEMENT

#N

statemenr

*,

httf tf{.&-

I have read this

ox*,-A4&lJLrimestarred

statement in its entirety, consisfing

true and eorrect.

of

t3

,Wfurf

page(s) and the facts contained herein are

Signature of Person gfuingYoluntary Statement:

Officer taking Statement:

Date and Time Statement

" /Afi r,@

RrcEFTEBEE COUNTY SHERItr'FOS OFFICE

OCT

112016

VOLT]NTARY STATEMEN'-fO#T

TO\J1N OF BATAVIA

3y**w,t

Statement of:

,rr", i(//'lf /6

rime started ,

/Ofi

;;";;;;;;;;;;;;;;;;;;;;;_{ffi ;;;;;;;;;:;;,.
Signature of Person giving Yoluntary Statement:

Officer taking Statement;

Ilate and Time Statement

,-

/)

GENESEE COUNTY SHERIFF'S OFFICE

VOLUNTARY STATEMENT D
statemenr

,
,-W

,r,6ndi

gJYl

I have read 'h's

(. ,fu

I t ,

statemeut in

,,

.ry

""", -Unf/qf fP
/

ih entirety, consisting of

rimesrarrea,

*page(s)

/lffii(

and the factu contained herein are

true and correct

Signeture of Person giving Yoluntary Statement:

OfrtcertakingStatement:

t dU

Date and Time Statement X'inishedJ

", 10^58 gpr'

Genesee County Sheriffs Offrce

STATE OF'NEWYORK COUNTY OF GENESEE

TOWNCOURTTOWN OF BATAVIA

RECEIVED

W.4*Su.ofte@

ocT 1 1 2016

vs.

TOWN OT BATAVIA

ST]PPORTINGI}EPOSMON
GEIYERAL

be

file{ with this cout against

the above named defendant:

My name is Asbli N. Zajaczkowski and

am25 years old

I have known HeattrerAce for about

I went to Heather's for

sixteen years. On May 20, 2016 at about 5:30 P.M. my
nurrerous times. Heather was
dinner. Heather resides on State Sreet Road and I have been to het
therc y/ith her ttuce bovs and we had dimer; Earlier
movies thd night and Heather wanted to go to Tinsletown. After dimier, at abot
rhe was goine to see her mother at work. Hearher was putting all tlree boys in the car.
where my babysitter, Kathy Bemard was picking-up-a_few.lhings. I
I
to call me. I then left my apa@cnt at about 8:35 P.M. a$ wen!
Heather
wait"d for
theq went homr
to Speedway to get something to drink and a oandy bar.,trthen'went bac,k home and watchedNetflix and
ctrargea mypno*. I .irs"a t uo calls from Hea&er at 8:40 P.M. and 8:41 P.M. and ttren I aftemlted to
just did. I waited
ca11 fteathii at 9:01 P.M. buf I then cancelled iL I don't know why I cancelled the call l
and I almost fell asleep and then Heatlrer arrived at my residence at about 9:50 P.M. Heather cale in and I

inl;i;Gstt;
d"pfi;tilrgil

*d

** XT5.m ffi:ffi #i";|Ht"ff i:f"

ofiWi-fu"rt

rilimbush
told her that I did not waqt to go to tle movies arDl[rore. Hpather told ne &at our friend, La]ue
use
the
bathroom
and
I
went
to
a
&w.minutes
aud
for
We
talked
go
movies,
to the
also did not want us to
but
diil
not
her
mother
Heather
aphone
call
&om
recaived
Heafier
bstbroom.
used
the
had
then Heather
answer her phone. Then Heather got a text from her mother and a phone call. Heather ssked her mother
what was going ou and theu started screarqing. Heather asled me to drive her home and I told her I just
had to find mylkeys. We got into aiy car aud I asked Heather what was going on. Heather told me there
was a fire. and hermother called egain. I drove l{eather home and t}en as we got closer to her house
Heather jumped out of my:cer and was nrnning tovnrds the house. I saw Heafher's sister Erica Ace, and I
saw Heatler s father, Brian Ace aod her b,rother.Brian Ace Jr. and Brica's boyftien{ Joe Sumerski. I ihen
went to the hospital llhere Heather was takera. I foltowed the ombulance to the hospital-and-I then weut
and picked gp Labue at his cousin's house ou Statt Stest. We then went to the hospital and we stayed
wittrHeafher. At about 6:00 A.M. on Saturday I brought Heather to myhouse where she stayed with me
untit Sunday wheo she wett home to her parent's house.

V
*f,Wiffi';!;:#{;!'"
It b

st

ne,

irgtnimerrt,

the State of Nat Yorlg for a poson h and by a written

fimtshable as a Clas A. Mkdemeotor under the lawt of
nakc dlalse rtatemenr, or lo make a fidement vhich arch'p*son does nol belleve lo be hue.

ti lowttngy

AFFIRMED TJNDER PENALTY OF PERIURYTHIS

23 Day ofMay,2016

Dcponoot

Genesee Counff Sheriffs Office

ST.{TE OF NEW YORK COUNTY Otr' GENESEE

TOWNCOURTTOWNOF

People of the state of

York

EIVED

New

vs.

1 2016

TOWN OF AATAVIA

SUPPORTTNG

CENEBAL

DEFENDANT

I,

AshliN, zajar,korrmk!residing

"D"t""aNY
fi-ooffirith

nuke the following allegatiors of aot

this court against the above named defendant:

14020,bythisSupportinzDepositidl
an accusaiory instn rment filed, or ro be filed,

On May 20, 20 16 at about 10: 10pm my friend Heather Aee came ovBr to my house to get

$ 10

with

dollars that

I owed her. Heather said that she was on her wayto the stote to gst sorne 6tuff Heather usd the bathoom
and we talked for about 30 seconds. Heatherthen got a phone call from her mother. Heathtr started
screaming hysterically. I asked her whal was goi4g on and she said she had to get home. Heather asked me
to drive her and I told her yes. It took about 30 geconds 1o find my keys and then we left" While we are on
our way to her housg l{eaf&er was getting calls &om her mother and sister I thir&. Heather was getting upset
because her plrcne was fieeziug and she couldo't talk to soyoue. Heather then said there is a fre. I told her
babies werc there sleepilg. I told her ok and tried to console her as much as I
could. Heather was still gettiqg phone calls from her mom and then rrye arrived at the scene, I dida't even get
a chanrx to stop the car and Heather ran out ofthe car towards the house.

ok. Heather said that her

*"1:1!":;nf y:#!:;:3iil1'*
is a cifie, ptnishoble as a Class A, Misdemeorcr tmder the laws of the State oJ'New YorNfor a perso4 in afld by 4 Y'rritten
instrament, to lotowingly nake afalse sutement, or to malce a statemtntwhich wch person does not beli*e to be tnu.

lt

.AFFIRMED INDER PENALTY OF PERJIJRY THIS

2l

Dray

ofluley,2076

Genesee County Sheriffs Office

STATE OFI{EW YORXCOI'NTY OF GENESEE
TOWN COURT TOWN OF BATAVI.A

RECEIVED

?4.4tk Stl*opte4nl
'
vs.

ocT 1 1 ?016
TOVVN

OF BATAVIA

SUPPORTING DEPOSITION

GENERAL

//rfr
|'

,rrc tn

ufstrtu

Steet Road Batavia N.Y. L4o2a ,by this Supportiug Deposition

following allegationsif fact in connection with au accusatory instrument filed or to be fiIed,

,,Tracy L. Ace, residing

with this court against the above nmted defendaut

o*"..,.
currermy r"rro" utJ*,"
My name is Tracy L. Ace and I am 45 yea$ old 1rro,t,
Jr.
My
daughters
reside
Brian
Ace
and
our
son,
Ace
Brian
my
husban4
noaa in ttre Towqp:lBgtavia with
next d-oor to * utJbtute Steet ioad. My daugh&r, Heather lives in the downstain apartment and my
daughter, nfta reffiin the upstairs aparunent with Joseph Sumeriski. Oa1r,lay 20,2016I was home
with my husband aud my son Heather was also home wi& hgt tbree boys who reside witb her. I believe
Erika;as al work and I don't know if Joe was home. I was home doing laundry and I remember it was a
nice day. My husband and I were both outside doing yard work an{ I want-e{ to get the bushes trinmed'
My husbail did not like the way I was doing it so he took overard stlrted d9i18 it My daughter, Erika
nai cated me and wanted to know if we had an exha air couditioner she could borrow because her
apar6nent was really,hot. I told her that &e air conditioners were over at Heather's house. BriEn and I use
to live in the house where Heather lived in the downstain aparmlenl. I told her to stick it out because it
was going to be cooler the followiag day. Heaiher then called me and asked me if I wanted to share a
her and the kids. They atl came to my house when they go1 home and we had lunch.
i{eattrer cut the pizza slices in half becaue the slices were huge and Heather left with the boys and went
to her house to have lunch. I think Malaki stayed with me but I don't remember. I then left for work and I
don'fremember bu[ I think it was bstween 2:00 P.M. and 3:00 P.M. I am a LPN nurse and I cunently care
for a 99 yea old female who resides at Clinton Crossings on Clinton Stest Road. The fernale I care for
has 24-hourand sever days a rveek care. When I arrived at Clinton Crossings there was another female
she ieft. While I was work my s.fugEsl*.,
for her and r r"rir".a ir"r
piece-of

piza with

*il.*i"c

I!|*a-ir".

-d

Blackshear came to visit me around 4:00 P.M. to drop otrFtrrymnastic.s picnre. I

enroll in dance. Heather also had *-opped and told me that
gave Rachael one-huudred dollars
Jne signed up Malaki for kindergartenTilm almost positive it was Friday. Heather had all thee boys with
her. The twins were in their car seats and Malaki was in the middle. Heather did not stay for very long. I
then went back into work. My husband also stopped by on his motorcycle at about 4:00 P.M. but he did
not stay long aud he did not come into the house. At around 10,00 P,M. I received a phone call from my
daughter Erika who was screaming that the house was on fire. I then tried to call my daugbier Heather and
srciia Dot answer. I then sent her text which stated answer your fucking phoue. I theu called her and she
answercd. I told Heather the house is on fue and I head a lot of screaming and I heard the phone drop, I
called for someone to rrglieve me and I went home. I could not tell you what time I got home and I don't
evcnrememkr driving home, When I got home my husband was oWside witb my two daughters and Joe.
Ashley Zacajkowski wss there and she was the one who drove Heatherhome. Malaki was asleep on the
Ereryone was outside. The fire departrrent and the police were there. The one SheriShad m- y
"ouch.
night aud I don't know what his narne G o tetl him thanlc yo*
who are Erika's children were also there. Heather was not ablo to talk and was comliletely o-ut of [t. My
anything
didn't
hear
until
Joe
started
screanring.
and
My
Husband said he rryas working arowd the house
Husband said wh{n he tookei tre saw the black smoke and then a big flame. At some point after all of this
happened Heatho\told me that she had left ts go and give Ashloy tea dollars and she had to go to the
store. Latsr Heath(i told me she weat for diapers. I believe there was some tJpe of communication
betrveen Heather and my husband Brian before she left. We are always there for our kids. Tlere is always
someone there. My son Brain Jr had been nm over and was in a wheelchair and we don't leave him alone
for a long period of time. My husband has been home taking care sf him. If I am not home then Brian is

mother,

nui1*t

d;gi; td;t"tc

forJto

*glf

always &ere.

ln the boys bedroom ofHeather's residence there was a hook Iock on the outside oftheir door and a lock
on the inside of the door. The hook lock was on the outside of their door and that was there so the boys ,1

fi

Genesee County Sheriffs Office

n

z{{Ycould not get out of their room at night. The lock on the inside of the door was placed there by my son
I'
when we use to live there for his privacy. Heatber's bedroom was up at the ftont of the house -and the bofs
could get out of their room. At one time the boys got out of &e house in the middle of the night and oame
over to our house, That was why lleather put the lock on the door. The kitchen door could not'be locked
and Heather only locked the door leading into the residence &om the porch when she wcnt to bed. The
door was always left open because if Hdiher's &ttrer had to ga something out of the basemeut like a
wrrnch itbadto b

Vetficalon By

AndNotice

Under Penal Law Section 2 10.45

is a crlme, punishoble as

instrumen!,'i toowtngly

and* the lows ofthe State ofNw IorN lor a perso4 in and by a wrtten
afalse statement, ot to flrdke a stdqrrent wh{eh wch p*son does not believe to be tuue'

Class A- Mlsdemeanor

nak

,TY OF PERITJRYTTtrS