Heather Ace, 25, was sentenced to a year in jail in the Town of Batavia Court Monday morning.
Ace pleaded guilty to one count of endangering the welfare of a child in February and today was sentenced to the maximum of one year in jail after leaving her two twin boys alone without adult supervision.
The boys, who were locked in their room for 90 minutes, died in a fire that started about 10p.m. at their State street apartment on May 20, 2016.
Ace was out with friends drinking alcohol and smoking pot when the house caught fire.
The cause of the fire is still unknown.
Assistant District Attorney Melissa Cianfrini told the court that because Ace and her family were not truthful with investigators over the past year and had changed their stories several times, a jail sentence would be a deterrent for her and the community.
“This court can send a message, this was a tragedy that could have been prevented,” said Cianfrini.
Before sentencing, Ace’s Attorney, Benjamin Bonarigo, asked the court for a sentence of probation.
“While the actions of Miss Ace are reprehensible, she is not, she has suffered tremendously, she pleaded guilty as charged and is trying to cope with the loss of her children and focus on her remaining child,” Bonarigo told the court.
Bonarigo says Ace will now be able to have unsupervised visits with her 6 year old son.
“She is a very good person and through work and counseling, she is trying to atone for the wrong, she has paid the ultimate price. The sentence means nothing, her children meant everything.”
Holding photos of her twin boys who died in the fire, Ace addressed the court.
“When this first happened I did not want to live, I just wanted to give up,” Ace says.
“There was an officer who reminded me I had something to live for and I fell back on God. I kept telling myself to try and do better.”
Ace then thanked the court for all they have done.
Judge Michael Cleveland said after reading the pre-sentence report and a number of letters in support of Ace, he had a lot to consider.
“Miss Ace from the very start you fabricated lies,” said Judge Cleveland.
“You didn’t make arrangements for child care, you actually locked them inside, you actually bought alcohol and pot and you were not gone for a few minutes, but an hour and a half.”
“This case had the worst possible outcome, it could have turned out different if you had arranged for childcare, Judge Cleveland said.
Ace was then taken into custody by the Sheriff’s Office and will be assigned to a jail in the area that accepts female inmates.