The jury who found Michael Valva guilty of all charges Friday was initially split on the top count of second-degree murder.
Thaddeus Brewer, juror No. 11 in the case, told News 12 that the jury were not in agreement on the "depraved indifference" aspect of the top charges in the first vote they took.
That is why Brewer says the jury asked for the charges to be read back to them and to hear the full audio captured on the morning of the 8-year-old's death where Michael Valva can be heard yelling at his son in an expletive-filled rant while the boy was outside in below freezing temperatures, naked and collapsing.
"Just the fact that he didn't care whether his son lived or died - hearing the video again and seeing that - we knew immediately it was going to be second-degree murder," Brewer says.
If the jury of eight women and four men had not found Michael Valva guilty of second-degree murder, they could have also considered second-degree manslaughter and criminally negligent homicide.
Brewer also said that the hardest testimony for him to hear was from a plumber who was working in the home of Michael Valva and his ex-fiancée Angela Polina.
"You can see he was upset – he described that Angela – she said, 'This is the way I take care of effing business,' – she walks up, grabs the little boy and throws him down two flights of stairs while the father just sat there and did nothing," Brewer says.
Teachers and the principal from East Moriches Elementary School also testified that they observed Thomas Valva and his brother coming in bruised, cold and starving.
Brewer tells News 12 he felt like justice was done and he thanks God that he was able to be a part of that jury where the right decision was made.
Michael Valva will be sentenced on Dec. 8. He faces 25 years to life in prison.
His ex-fiancée is also facing second-degree murder and child endangerment charges.
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