BATAVIA, NY - The Genesee County Sheriff's Office is responding to new details in the case against a Batavia mom, accused of child endangerment, in a fatal house fire that killed her two boys.
Her statements to police were released Wednesday, and bring about questions about whether there should be new additional charges against her.
Ace's statement says that she left her boys asleep in their bedroom, latched the door with a small hook, then left the boys alone, got in her car, drove off and went to buy $10 of marijuana. It was shortly thereafter, Ace's home was on fire, the boys died inside.
REPORTER: Why endangering the welfare of a child as the only charge in this case?
"I think what you're referring to is what's on a lot of people's mind, why was she not charged with murder or manslaughter or something like that?" Chief deputy Jerome Brewster said, "understand if we could charge more we would have."
"The problem with charging either of those is that they would have to convince a jury beyond reasonable doubt that she caused the death of her two children," said legal analyst Barry Covert.
As for the fire investigation, the sheriff's office brought in agents from the ATF to assist. And at this point, the sheriff's office is still unsure how the fire started, but investigators say they have ruled out anything electrical.
Investigators say the fire started right outside the boys bedroom.
"This case hinged on the investigators belief that the mother had no idea the fire was going to happen," Brewster said.
Right now, while police and the DA's office are calling her negligent, they're not saying she intentionally wanted to do her kids harm. Legal experts say it would be tough to prove beyond a reasonable doubt any higher charge.
Ace is due back in court next month.