State Street Road

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Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.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

An autopsy conducted this morning on the twin 2-year-olds who died last night in a fire at 8157 State Street Road, Batavia, indicate the boys died of smoke inhalation.

The Sheriff's Office also announced investigators believe the children were home alone at the time.

Last night witnesses, including the landlord, said the mother is believed to have left the house to go to the store for milk.

The boys are identified as Michael J. Gard and Micah G. Gard. The name of the mother has not been released.

The fire was reported at 9:59 p.m. when a resident of the upstairs apartment returned home and saw smoke and flames coming from the rear of the structure.

The boys were in a first-floor bedroom at the back of the house.

The Sheriff's Office said deputies were the first on scene but were unable to enter the structure because of heat and flames.

Firefighters arrived soon afternoon, knocked back the fire quickly, and located the boys, who were already deceased. 

The cause of the fire has not been determined and the investigation is ongoing.

The investigation is being conducted by the Office of Emergency Management, Town of Batavia Fire Department and the Sheriff's Office.

The Sheriff's Office reports that more information will be released as it becomes available.

Previously:

• Working house fire reported on State Street Road
• Two small children die in house fire on State Street Road, Batavia
• Investigation continues into the death of two little boys in house fire

A tractor fire has been reported at Scalia's Landscape, 8106 State Street Road, Batavia.

The bobcat is not near any structures.

Town of Batavia Fire is responding.

Coming back from the accident this afternoon, I spotted this old twisted tree on State Street Road near Batavia-Elba Townline Road and thought with the overcast sky it would make an interesting picture.