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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
MisdCmeanor.
The facts upon raihich this Misdemeanor Complaint is based are rxl follows:
atltate
"'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.
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
2016
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VOLT]NTARY STATEMEN'-fO#T
TO\J1N OF BATAVIA
3y**w,t
Statement of:
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Signature of Person giving Yoluntary Statement:
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OfrtcertakingStatement:
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TOWNCOURTTOWN OF BATAVIA
RECEIVED
W.4*Su.ofte@
ocT 1 1 2016
vs.
TOWN OT BATAVIA
ST]PPORTINGI}EPOSMON
GEIYERAL
be
inl;i;Gstt;
d"pfi;tilrgil
*d
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,
ti lowttngy
Dcponoot
TOWNCOURTTOWNOF
EIVED
New
vs.
1 2016
TOWN OF AATAVIA
SUPPORTTNG
CENEBAL
DEFENDANT
I,
AshliN, zajar,korrmk!residing
"D"t""aNY
fi-ooffirith
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.
*"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
2l
Dray
ofluley,2076
RECEIVED
?4.4tk Stl*opte4nl
'
vs.
ocT 1 1 ?016
TOVVN
OF BATAVIA
SUPPORTING DEPOSITION
GENERAL
//rfr
|'
,rrc tn
ufstrtu
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
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
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
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