fire

Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.

There is a report of a combine on fire in Pavilion, across from the high school, at 7014 Big Tree Road.

Pavilion fire dispatched.

Press release:

Benefits volunteer emergency responders receive as a reward for their service is no longer subject to federal income tax, withholding and reporting. On Sept. 21 the Senate Finance Committee approved legislation exempting these nominal benefits. 

Language from the Volunteer Responder Incentive Protection Act (VRIPA), which excludes property tax benefits and up to $600 of other types of benefits for the 2017 tax year, was added to the Retirement Enhancement and Savings Act. The Committee approved the benefit by a voice vote. The amendment was sought by senators Charles Schumer (D-NY) and Susan Collins (R-ME), the sponsors of VRIPA (S. 609/H.R. 2752).

“On behalf of the National Volunteer Fire Council (NVFC) I’d like to thank senators Schumer and Collins for their work on this important legislation, which will help local emergency response agencies recruit and retain volunteer personnel,” said NVFC Chair Kevin D. Quinn. “On average a volunteer firefighter in the United States donates services worth more than $18,000 to the community that he or she serves. It is common sense to clarify that the nominal incentives that volunteers receive as a reward for their service should not be taxed by the federal government.”

The NVFC will continue to work to identify opportunities to pass VRIPA before the end of the year and will provide updates if and when votes take place on the House or Senate floor. In the meantime, you can use the NVFC’s Legislative Action Center to contact your U.S. Representative and Senators to ask them to support VRIPA.

A fire is reported in a lighting unit in the ceiling of Walmart on Veterans Memorial Drive, Batavia.

The unit is near the deli section of the store.

Town of Batavia fire dispatched.

UPDATE 10:03 p.m.: It's an issue with a light ballast. Town of Batavia fire back in service.

There is a report of smoke in the building at the Rolling Hills Asylum, on Bethany Center Road, Bethany.

Bethany fire and Alexander fire dispatched.

The building is evacuated.

UPDATE: We've heard nothing further on this.

A semi-truck is reportedly on fire in the parking lot of Cargill on Wortendyke Road, Batavia.

East Pembroke fire is responding.

UPDATE 7:15 a.m.: It's an electrical issue. It keeps reigniting. They're going to have to cut cables, says a deputy on scene.

UPDATE 7:22 a.m.: Fire is out.

Thomas Wood, 1st assistant chief for Le Roy Fire Department, a former chief and longtime volunteer with the company, can't remember a time when his department was called on to respond to back-to-back fires.

It didn't help that it was a fairly hot day and the second fire was fought from atop a metal roof.

His brother, Bill Wood, also a former chief, described the rooftop as "unbearably hot."

"That's why we called in Brockport and Avon and used the City's Fast Team as a regular fire unit," Wood said. "Most of our guys had already fought one fire. We were calling in extra units. Our guys were dropping from the heat."

The first fire was reported on Starr Road, Pavilion, at about 1:50 p.m. It involved a six-unit apartment complex and a quick response by Pavilion and Le Roy firefighters helped contain the fire to a single apartment.

The fire appears to have started in the kitchen area, according to Emergency Management Coordinator Tim Yaeger. The cause remains under investigation.

Nobody was home at the time the fire was reported and residents in two other units were evacuated, including one who was sleeping in an upstairs bedroom and awoken by Deputy Chris Parker.

A dog may have perished in the fire, though several other pets were rescued.

The second fire, at a plastics factory on Lent Avenue, Le Roy, was reported about 3:10 p.m.

Most of Le Roy's equipment hadn't even cleared the Pavilion scene yet.

The Lent Avenue fire was sparked by a welder making repairs to the roof of the factory.

The fire burned about 40 feet down, Wood said. It produced quite a bit of smoke, but little flame.

"It's just an odd to have two, like hit that quick, and have to use so many people," Wood said.

There's no damage estimate available yet for either fire.

Bergen, Stafford and Caledonia also responded to the Lent Avenue fire.

The response to Pavilion also included Stafford, Bethany and Alexander along with the Office of Emergency Management.

Town of Batavia was asked to stand in at Stafford's fire hall.

Previously: 

• Smoke coming from roof of Le Roy Plastics on Lent Avenue
• Apartment complex ablaze on Starr Road in Pavilion

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Smoke is coming from the roof of a structure at 15 Lent Ave., the site of Le Roy Plastics, in Le Roy. Le Roy Fire Department is called along with Bergen and the city's Fast Team. The city's first platoon is called to fire headquarters. Sparks from welding are said to be the cause of the smoke, or possible fire.

UPDATE 3:36 p.m.: A Mercy ambulance is requested to the scene in non-emergency mode.

UPDATE 3:54 p.m.: Firefighters say the metal roof is unbearably hot. The city's Fast Team has been on scene about 15 minutes and will now be deployed to relieve the volunteer firefighters for a respite.

A six-unit apartment complex is reportedly on fire at 10980 Starr Road, Pavilion. Unknown if any occupants are inside. Pavilion and Le Roy fire departments are responding.

UPDATE 1:58 p.m.: An additional Le Roy engine and its ambulance service are requested to the working structure fire along with equipment from Stafford and Bethany.

UPDATE 2:03 p.m.: Stafford is asked to fill in at Pavilion's fire hall.

UPDATE 2:07 p.m.: All occupants are said to be out of the structure.

UPDATE 2:25 p.m.: The pets are all accounted for except a small white dog, according to a resident on scene. It is unknown if the dog escaped.

UPDATE 2:45 p.m.: An official at the scene said the fire started in Apt. #6 but no one was home at the time. Two occupants in other units escaped. Sheriff's Deputy Chris Parker checked the building and found a person sleeping in an upstairs apartment and that person got out safely. The cause of the fire is under investigation. Bergen Fire Department is asked to standby in Le Roy's fire hall.

UPDATE 3:37 p.m.: Town of Batavia Fire Department is asked to stand by for Stafford.

UPDATE 3:45 p.m.: Le Roy 1st Assistant Fire Chief Tom Wood was the first chief on scene and took command. He said he saw one of the apartments fully involved and a lot of smoke. Sheriff's deputies were on scene when he arrived and helping to evacuate the building. Wood said Pavilion crews did a phenomenally fast job of knocking down the blaze, containing the fire damage to one unit. With all the smoke showing, it "could've taken the whole structure." Three other units were water damaged. Wood said no one, including firefigehters, suffered ill effects. He said five or six people were in the complex at the time the fire broke out, although no one was inside the unit where it began for as-yet-undetermined reasons.

A porch fire is reported at 41 Maple St. in the city. City fire is responding.

UPDATE 7:34 p.m.: Fire is out; checking for extensions.

A residential structure fire is reported downstairs at 136 Pearl St. in Batavia. A person is reportedly burned. City fire and Mercy medics are responding.

UPDATE 11:05 a.m.: Fire command on scene confirms a fire at a two and a half story building. A child has second-degree burns on the left shoulder area.

UPDATE 11:09 p.m.: The fire was small in nature -- in a stairwell -- and is reported to be out. Streets are closed at Pearl and Roosevelt and Pearl and Brooklyn. A second ambulance is called for a subject suffering from smoke inhalation.

UPDATE 11:33 a.m.: Fire Capt. Bob Fix said the fire appears to be accidental in nature and was out when firefighters arrived. A boy about 6 or 7 years old has a shoulder burn and is being transported to Strong Memorial Hospital. A police investigator will interview people about the fire. "It was a little spot fire right inside the door, in the stairwell, about three steps up."

A truck fire is reported on Clay Street, Le Roy, in front of the Le Roy Fire Hall.

Le Roy Fire dispatched.

UPDATE 10:13 p.m.: It's a recycling truck and there is smoke showing. Engine requested from a mutual aid department in Livingston County.

UPDATE 10:15 p.m.: Clay Street closed in both directions.

City fire is being dispatched to 212 N. Spruce St. for what could be a brush fire in the woods behind the apartment complex, or it could be a campfire.

UPDATE 10:05 a.m.: It's a small, outdoor cooking fire. No word yet on whether it was attended. The fire was put out.

A caller at 7051 Pearl Street Road, Oakfield, reports the smell of electrical burning in the residence.

Oakfield fire along with Alabama, East Pembroke and Elba dispatched.

A first responder reports nothing showing.

UPDATE 9:26 p.m.: Oakfield chief on scene says Oakfield can respond non-emergency, all other units can remain in quarters.

A first responder on scene confirms a working garage fire at 25 Trumbull Parkway. City fire is responding. A dispatcher says several callers report hearing explosions inside the garage.

There is a reported smell of burning plastic and smoke coming from the building at 7959 E. Main Street Road, Le Roy.

Le Roy fire and Bergen's ladder truck dispatched.

UPDATE 6:29 p.m.: City of Batavia's Fast Team, a tanker from Pavilion and Le Roy's ambulance requested to the scene for a possible structure fire.

UPDATE 6:33 p.m.: Assignment can be held to the equipment that is on the road.

UPDATE 6:36 p.m.: The Fast Team response is canceled. 

A possible barn fire is reported on Hebbard Road near North Road in the Town of Le Roy. A caller reports seeing smoke coming from the barn. Le Roy fire is responding along with mutual aid from Bergen. Caledonia is asked to stand by in their fire hall.

A burned out socket in a bathroom is the likely cause of smoke in the residence at 6732 Byron Holley Road, Bryon.

The building, an apartment complex, is being evacuated.

Byron fire and South Byron, along with Town of Batavia's Fast Team dispatched. Elba to fill in at Byron's hall.

A caller reports smelling smoke after a possible lightning strike on a residence at 7378 Maple Ave., Bergen.

Bergen fire responding.

A house fire is reported at 3391 Dodgeson Road, Alexander. All occupants are out of the structure. Alexander, Darien and Town of Batavia fire departments are responding. EMS is on location.

UPDATE 12:22 p.m.: Pembroke and Indian Falls fire departments are asked to fill in at Alexander's fire hall.

UPDATE 12:27 p.m.: Elba is asked to fill in at Town of Batavia's Station #1. All units responding to the scene told to continue non-emergency. Fire is knocked down.