Henry Banks, 55, of Batavia, has been charged with criminally negligent homicide and three counts of endangering the welfare of a child in the death of 10-year-old Javarius Williams in a fire at 3 Vine St., Batavia, on Feb. 6.
Banks was arraigned in County Court on a sealed grand jury indictment. Judge Melissa Lightcap Cianfrini ordered Banks held in the Genesee County Jail pending further court proceedings.
On the night of Feb. 6, City Fire responded to 3 Vine after a neighbor spotted a fire in the upstairs apartment. The neighbor said he attempted to gain entry to the apartment to help the three children inside escape but was unable to get past the locked door.
All three children were rescued, but Javarius succumbed to the injuries he sustained.
The children, ages 4, 10, and 12, had apparently been left alone in the middle of the night.
According to Chief Shawn Heubusch, Banks is the biological father of the 12-year-old and was legal guardian of the other two children, including Javarius.
He is accused of leaving the children unsupervised for an extended period of time.
The fire started in a child's bedroom. City Fire has yet to determine a cause, Heubusch said.
All three were transported to area hospitals after being rescued by the Police and Fire Departments.
The fire was investigated by Batavia PD along with partner agencies.
The cause and origin of the fire have not been released.
