An NYPD transit cop charged with murder of his eight-year-old son has quit the force so that he can keep a portion of his pension. Micha...
An NYPD transit cop charged with murder of his eight-year-old son has quit the force so that he can keep a portion of his pension.
Michael Valva, 41, has been charged in the murder of his 8-year-old son, Thomas, who was allegedly starved, beaten and locked outside their Long Island home. He died of hypoterhmia after sleeping in an unheated garage on a freezing night on January 17.
Valva and his fiancée, 42-year-old Angela Pollina, have been charged with second-degree murder in Thomas' death.
Valva was given custoday of Thomas and his brother in September 2017 despite desperate pleas from Thomas' biological mother, Justyna Zubko-Valva, and concerns from school officials that they were being abused.
While Valva is awaiting his trial next year, he has made the decision to resign from the NYPD, rather than face disciplinary action from the police force.
John LoTurco, Michael Valva's lawyer, did this so he can protect what was already in his pension, the New York Daily News reports.
'The NYPD offered him a resignation without a disciplinary hearing, and that allowed him not to admit any culpability and just resign, allowed him to keep his pension,' LoTurco said. 'But in exchange, there's no salary going forward.'
Resigning will also allow Valva to retain his benefits for the foreseeable future.
His father, Michael Zubka, 41, has been accused of second-degree murder in Thomas' death
Valva's fiancée, 42-year-old Angela Pollina, has been charged with second-degree murder in Thomas' death. There has been no trial date set
It's unclear how much of Valva's pension will be available, but the minimum amount of years needed to contribute to the fund is 20, according to the police pension website.
If someone resigns before those 20 years, they can take their money out of the fund, but it will be taxed unless it is transferred to an IRA.
The New York Post reports the average pension for a retired police officer hovers around $75,000 annually.
This is the second time in as many days an NYPD officer has resigned before any discipline could be levied against them.
Michael resigned from the NYPD after 15 years Wednesday so that he could keep his pension
Thomas was one of six children in Mike and Angela's care who were living at the home at the time the little boy died. Thomas' brothers have since been placed in the custody of their mother while Pollina's daughters were placed in the custody of their biological fathers
NYPD officer Francisco Garcia, an eight-year veteran, resigned on Tuesday rather than face disciplinary proceedings for a violent social distancing arrest.
In cases of excessive police force, resigning could also be seen as a tactic to try to lessen the need for criminal proceedings.
That won't be the case for Valva, however, who is still facing 25 years to life in prison for the death of his son if he is found guilty.
Authorities were dispatched to the home where Thomas had been living at about 9.40am on January 17 after his father said the boy had fallen in the driveway and lost consciousness while running for the school bus.
Responding officers found Valva performing CPR on Thomas in the basement.
The little boy was rushed to Long Island Community Hospital where he was pronounced dead.
He was allegedly forced to sleep in the garage the night before, despite it being 19F outside, with no blankets.
Thomas' cause of death was determined to be hypothermia.
According to police, cameras and microphones that had been set up in Mike Valva's home captured audio of him and Angela taunting Thomas as he froze to death.
The audio files allegedly recorded the couple discussing the fact that Thomas was suffering from hypothermia, had been washed with cold water, couldn't walk and was 'face-planting' on the concrete.
They laughed as they said 'he's hypothermic' and that he had 'face-planted' the floor.
Pollina remarked: 'You know why he's falling?'.
Valva replied: 'Because he's cold.... boo f*****g hoo'.
Thomas' death has since prompted an investigation into the social services department and how it dealt with abuse allegations against the couple and the children who lived with them.
A separate task force will examine how the department handles cases of children with developmental disabilities.
Following his death, Thomas' brothers were placed in the custody of their mother.
Pollina's daughters were placed in the custody of their biological fathers.
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