Genesee County Sheriff's Office Accusatory Instrument STATE OF NEW YORK COUNTY OF GENESEE, TOWN COURT : TOWN OF BATAVIA RECEIVED Pere of the State of How Yo OCT 112016 = “TOWN OF BATAVIA By. eee Heather M. Ace DO} MISDEMEANOR DEFENDANT COMPLAINT BEIT KNOWN THAT by this Misdemeanor Complaint, Investigator B.D. Mazur as the complainant herein, with offices at the Genesee County Sheriff's Office 165 Park Road Batavia, NY 14020, accuses the above mentioned defendant with having committed the offense of Endangering the Welfare of a Child, a Misdemeanor, in violation of section 260-10 (1) of the Penal Law of the State of New York. COUNT 1: (TWO COUNTS) A person fs guilty of Endangering the Welfare of a Child when he ‘knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child Jess than 17 years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health. Endangering the Welfare of a child is a Class ‘Misdemeanor. ‘The facts upon which this Misdemeanor Complaint is based are as follows: ‘That on May 20, 2016 at about 9:59 P.M, while at 44JMMiState Street Road located within the Town of Batavia, County of Genesee, New York the defendant Heather M. Ace did knowingly act in a manner likely tobe injutious to the physical, mental or moral welfare of a child less than 17 years old, TO WIT: atthe 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 {ailing to arrange for the proper care and supervision for the children. Foregoing all contrary to the provisions of the statute in such case made and provided, “The foregoing factual allegations are based upon information and, belief, the sourees of the information and belief being the attached verified supporting depositions, oral admissions ofthe defendant and an oficial police investigation, ‘Verification By Subscription And Notice ‘Under Penal Law Section 210.45, Itis'a crime, punishable asa Class A. Misdemeanor under the laws of he State of New York, fra person, in andy a written instrament, o knowingly make a false statement, orto make a statement which such person does nt believe to be tue AFFIRMED UNDER PENALTY OF PERUURY THIS [th day of September, 2016 Investigator B.D. MéGenesee County Sheriff's Office Notice to Defendant Pursuant to 710.30 CPL. And 700.70 CPL RECEIVED Praople of the Stee of Ha York oct 112016 “TOW OF BATAWA NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE 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 Public 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 Ofiicer:Investigator J. M. GraffRESENESEE COUNTY SHERIFF’S OFFICE oct 112016 VOLUNTARY STATEMENT fp | “TOVIN OF BATAVIA By L- ¥ ae : so Dates — ‘Time Started: “ lq © eh +f EY) Oe Tv uae {fa a tee cio and Way det Jot air VN (t, Try tee ail Pi F pet dh Hi wd Ashi 7ja0Z Kowsk ca t $0) ab pod, with ae fide it fake fal made fh (o b Tras st Hit Me ( va ‘oulfl tof sri ‘st be the. bos ® 000 Cheol 0 ‘2 Bons. nll, Asllgd 1 sue gous_oy oA paes_fed No ane fie doy sd Thy hl fat 9 i 2, oa Eh ty Hid 0 ul ith A sk afs_ tt dime ant Mels Had al 8 oA pipes. I. hed hid Ae Pais: cht 2a Tel hes of Officer taking Statement: Date and Time Statement Finished: wl abpsele S at BH ge =>GENESEE COUNTY SHERIFF'S OFFICE VOLUNTARY STATEMENT fp. Statement of, Mathie fo - A5laolle Time Started: lott pi Gown 4a UMb win fol Mak ' I pul, pl fon Lol @ he fc hited mie Avha/ pel 4 f va : (i cob os est ro Mak ef 2H a Kote gut Gif Re ate 15 Lat Hk. fie es fo the. cnndow)_ ath ite Opel of Och ao 2 Ahoy rtd Mighh_quns (end ws tf Sh crs, EA Aealcle alt, ut der ond & Qu Iago uy fad gpd. Yo 90f arp fuse Hl ty il fal ek lion oy at hoa at aT ol aH or, as Adis Me sgh aero Fol dl ° pe aa fd pele ae i a cf ! na iy 3 lle, bt OM Te dou thoy Ihave read this statement in ts entirety, consisting of true and correct, Signature of Person giving Voluntary Statement: Hal g Officer taking Statement: Date and Time Statement 4 . i‘ : d at (83 ifGENESEE COUNTY SHERIFF’S OFFICE VOLUNTARY STATEMENT fip-3 Statement of —_ Date: 95 le ‘Time Started: a or La Oy ee e ir = Thave read this statement in its entirety, consisting of true and correct. Signature of Person giving Voluntary Statement: _ {LA A. g Officer taking Statement: 5 Date and Time Statement veal Peels d «_(03f (om)RHGENEBEE COUNTY SHERIFF’S OFFICE ocr 11208 VOLUNTARY STATEMENT P eae dal Agee! v____—_—_; ” statement of, Dil Kk. ACE _ vate: ML To ime started: OP 6k ff fat s fit k= and f , tal at Beal “Ail 2 a iE days ta, Me icles dal ad at he tf fe ie Leet fat, Me faith pily Patil 0 du iy dig Sica aaah af ul fu af os hase fac. Gop - OF 5 Melys: aay mht Fae de at abdul ¢,f o eT. daily fy have tite 1.30-o- gonad fle Sepp fat We te feit Sad 8 le ag (5. ae si 1 BY Ty he Tad LT lif 1 he dnd tad WV fe Sat and Te teeta put "dou A tial af My 2 Rein was outs AE atl ap a aa A ny s fe nn Ee. ta $i Was. fase. ela SO_wa al ate, Gr: Au Sos i el true and correct. : Signaturo of Person giving Voluntary Statement: 2 Officer taking Statement: EA Date and Time Statoment Finished: G6) Mf Ih sat 58 SapteGENESEE COUNTY SHERIFF’S OFFICE VOLUNTARY STATEMENT deems iat . —_ ime Startea: (OP n_ Smile, tid or He, paki Lsolin to ms date ily MP ab eae gah Dy B by Ly yj we nah Soke ae a pss, an! avin dln L, acid ne, gulf | are dhe fecha wa dhl l Se A Gre | ing Jaa He i ee a ds at ine ds Agel ae Dh ee ‘have read this statement true and correct. Signature of Person giving Voluntary Statement: Officer taking Statement: f “ Date and Time Statement Finished C6/M/ Ub on 5d OeGenesee County Sheriff's Office STATE OF NEW YORK COUNTY OF GENESEE ‘TOW COURT TOWN OF BATAVIA RECEIVED [Pra of he State of Hes ond oct 112016 ovnor smnen 2 ao | surrowrING DzPOstrioN GENERAL Nas “AshliN. Zajacakowski, residing on ¥, 14020 , by this Suppoiting ‘potion make the following allegations oF fata eonnetion witha aocisary instrument ie ro be filed with this court against the above named defendant: — My name is Ashil N.ZajaceKowaki and Iam 25 years old Thave known Heather Ace for about sixteen years. On May 20,2016 at about 5:30 P.M, my dat went io Heather's for ‘Tamar Heather reais on State Sieat Roed and Ihave beer to Her hoe mumorous times. Heather was therewith her three boys and we i diner. Earlier nthe werk leather end I had made ples to goto the sees tat night and Heather wanted to got Tinsletown, After diner, at bout 7:24 P.M. we bot lef rae eather sted she was going to ee ber mothe at work, Heather wis puting all thre boys inthe ar. Urupped ny doghter oi at Wal-Mart where my bayer, Kathy Berard wes pking up afew ngs. herent hone and Waited for Heather (call rie. 1 then left my apartuet at about 835 P.M. snd went ie postiay to get someting to drnk and a candy ba, ken wet back home and watched Netix nd ‘hanged my owe, [missed two calls from Heather et 640 P.M and 8:1 PM xd hon Tatempted fo cat Bethe at 9:01 PAM, bu then cancelled i. [don’t know why Tcanclled the call just dd waited salt cect fl asleep and then Heater arved at my residence at about 9:80 P-M, Heather eame Sand ret ter tbat didnot want Yo go to the movies enymor. Héather told me that our tend, Labue Wimbush eee mot want us to goto the movies. We aed fora few. minutes axl { wet to us the bathroom and thee leather had used the bathroom, Heather rseived a pone call frm hor mother but Heather didnot srr her phone, Thon Heather gota tex rom her mother and «phone cll Heather asked her mother ‘thou uns going ed ion sarod sereansng. Heaher eked me to drive hor home an told her Lust Ferta ans my keys We got info my ce and asked Heather what was going o0. Heather ot me there aie fhe and her mother called again. 1 drove Heather home and then a8 wo got closer to her house Henhe umped ou of my oat and was runing tovards th howe, saw Hosters itr Bree Ace, end ae ters father, Brian Ave ad ber brother Brian Act Jt and Erie's boyfiend, Joe Sumer 1 then wrttte the hospital wheee Heather was taken followed the ambulance to the hospital and shen went Ul pcked up Labe at his cousins hous on Sate Set, We then went ote howl nd we teed ae einer At abou! 6:00 A M. on Saturday 1 brought Heather to my house where se stayed with me Until Sunday wien sbe weat home to he pants house, a Verification By Subseripton Ard Noie ‘nde Paral Lew Section 21045 ntsacrine pthobe ase Clase A Madensanoe der an of he Sites Yn fr apa inand ya witen Ai acing eet hea fee seman, ot maa stent which sch prscn des not alee fo be rae. AFFIRMED UNDER PENALTY OF PERUURY THIS 125 Day of May, 2016Genesee County Sheriff's Office STATE OF NEW YORK COUNTY OF GENESEE. “TOWN COURT TOWN OF People of the State of New ECEIVED York ‘ we eT 14 2018 “Tonalor TAA | surportine pEeOsIrroN DEEEDANT| (GENERAL 1, AshILN,Zajacekowas siding eM Pavia NY 14020 by this Supporting Deposition hake the lowing elegans of fact comin with a ancestor insomat led oo be Ele with thiscou gant the coe named defendant ‘on May 20,2016 at abou 10:10pm ny Beni Hester Ace cam ever ny House to get $10 dell that Towed her. Feather sid that she was on hor wey tothe sor to get ome sul, Heather used th baheoom and we talked foc aout 30 seconds. Heuer hen got a.phooe cal ftom et mother, Hester started Sereaming hysterically. 1 asked hee wht vas going on anche aid she dt get hom athe sed me fo dive head told ber ye, Ittook about 30 seconde Had my Keys an then woe. While we ae on ‘urna to ber house, Hester was getting cll from her mother and ster think, Heathee was geting upset becuoes her phone ss ffeazig and she couldn’ alk to anya. Heatbor hen eid thar is fi. told her ‘ok Heather ni hat ber babies were he sleeping. Told her ok en ried to console he as mach as could, Heather was sil ting phone cll from her morn and then ws arived a the sene, did't even get chance sop the car and Heater rn tote carfowards the house, Perifcaon By Subscrigtion Ad Notice inde Pana aw Section 21045 iva vin plnishabl os ¢ Css A Mdonanor unre las of te State Ne York for aperscn in aby writen Instron, tbncwingly mabe fale statement masseter which sch porn cows at baie fob AFFIRMED UNDER PENALTY OF PERIURY HS 2 Day of May, 2016 ArpadGenesee County Sheriff's Office ‘STATE OF NEW YORK COUNTY OF GENESEE, ‘TOWN COURT TOWN OF BATAVIA RECEIVED [Pe of ee Sat of ok ocr 112016 ‘on OF eaTAUA SUPPORTING DEPOSITION GENERAL 1, Tracy. Ace residing alifstate Street Road Batavia N.Y. 14020, by ths Supporting Depsition hake the following allegations of fact in connection with an accusatory instrument filed orto be ied, ‘with his court against the above named defendant: My ones Tey L. Aes an an 4 eas ld (008 AIM cet ei je Set Rowdin eT hy husband, Ban Ave on Bean Ace e.My Ogee eke ext door to rate Sireet Road. My daughter, Heather lives ia the dowmsairsepartment and my ree tc upsiropartent th Jone Simei, On My 2, 2016 sore sae teeny son. Heather as elo ome wh hes boys who resi with er. bstieve Yi a slot koowifJoe ws homes I vas home dig aunry an Teerbes iva 2 an were bh cule ding ar work a it gt th base ned ae aware the yay nas Ging 0 be ook over and sated doing it. My danger, Erika aaa nel ton swe hada et a oniner sh could barow bei ee 1 a told bth a conilonrs ere vert ethers owe Bran i 8 aaa one Heather ved nth ats sprint nd hero stick ito bese it oo eee ong ay Kener ie led and ed me i ane har aoe ee dh Tey l nt tomy bose when yl hme ed ve has anh ao re atcsinhlfbecause th sees were hag and Heather of vith he boys and wet Hea tt Mla jel vith me it don emorbe, then left for vor at theo kt vas Deters 200 PM. 300 PM, Lam LPN nie ad Tae ce gent een ete a Clon Cosigs on Clinion Stet Road, The ferro ae ee a ayne ook ome. When Tevet Clinton Cross thee vas soe le has 2h re ove bar and sheet While vss work) eunang, I b tic Rakoel Basak: cans ovis ood 40 BM. 0 drop crete a ic ur goer one Heater do ed ped andl) hat Ne a grr ast ponies ts Fi, Hentai ys wi oon ects and Malka inthe ae Hear dd not ta fer ey long. her The ng ee ne span also sopred by ona moat about 4:00 PM, bl edd then Wet i nt cosine hus, Ataourd 100 P.M, eceved a photo cal fom my ang ht te ow von Then tel ay gtr Hor and Sue ke et ach sed never yo Ticking pon. Tthn eld er abd abe She i on pou e on ean Herd fot of eamng and Lier th phone op. nerd. He nT went hoe To ol you wha time gor ee od Co le When gt hoe hy hesband was use vith my Sodas ae. veneer pra abe sta one a cove Heatehome, Mal va sep he aa se tk re ceparnent an the plice wer thos, Ths os Sti hal sangha tie we night an doo’ know whe his sme el hit thank ov a sage te whole i sere athe wa ot bet alk sd ws coals a of My “Husband said he cots round the house and didn't hear anything until oe started screaming, My Haaren Sag whe he looked he sav the black smoke and then a big lame. At some pois after all ofthis sd te that she had lft to go and give Ashley ten dollars and she hed to go to the are er Heather told me she went for diapers believe there was some typeof communication Manca athar and my husband Brian before sh lef, We aro always there for our kids. Tare i always eee there, My son Brain chad beea run over and we ina wheelchair ad we don't leave him alone Fares period of ine. My husband hasbeen home taking car ofhin. IT am not home then Brin is always there. Inthe boy bedioom of Heather's evidence thee was hk oekon the ouside of hei door and lock aa eae ofthe door The hook lock was on the ouside ofthe door and that was Uso the boys tdGenesee County Sheriff's Office Ast ot oft rom aight, Te loka hie of he or wes lad herby my son han Siete ors pvcy. Hehe edom wasup as Rore fis house dhe boy ‘could get out of their room. At one time the boys got out of the house in the middle of the night end came ert or hose That wn why Heater put te lock on tbs dct Tse oor cold ote ok land Heather oly locked the door leading into the residence fom the porch when sh wen to bed, The {or ar sg ch open sees i ethers er ado get ooteting ot of he tse hen ech thao be open Ai Veriton By And Noe nde anol Law Secon 21045 ‘tls aor, purshabe ar les A, Mxdemeance wider the a of the Bato to Lark for a perton in an by aren Ihstament i lacwingy make alee lement, of 1 make atatenen wich sch ric dns not Ble ober