A Lucas County Common Pleas Court jury yesterday spared Kelvin Tyler from lethal injection and instead recommended a life sentence in prison for the fatal beating last year of a 75-year-old neighbor.

Judge Gary Cook accepted the jury's verdict and immediately imposed a life sentence with parole eligibility after 30 years for the aggravated murder of Rubie Petterson, who was active in local Democratic Party politics.

Tyler, 50, who displayed little emotion during the week-long trial, appeared relieved to hear the jury's decision.

Judge Cook also ordered Tyler to serve an additional 10 years for aggravated burglary and aggravated robbery. Tyler, who has been in jail nearly 1 1/2 years, will be eligible for parole in about 38 years.

"I think society will be protected by him being in prison for that length of time; if he survives that long," said Jeffrey Lingo, an assistant county prosecutor.

Ms. Petterson was found unconscious on April 20, 2005, under the couch in the living room of her ransacked apartment in Flory Gardens, 3425 Nebraska Ave.

She had been beaten and bruises on her neck indicated Tyler attempted to choke her. She died two weeks later.

Ms. Petterson moved into the South Toledo apartment complex after a fire destroyed her house in the 700 block of Nebraska in the central city in February, 2005. Jack Wilbert, her boyfriend of nearly 30 years, died in the blaze.

"It was a shame that Rubie Petterson, who was well-known in the community and a well-liked person, had to meet her end in this manner. I think it is an appropriate verdict and sentence," Mr. Lingo said.

While it took them 14 hours during two days to convict Tyler of the crimes, the jurors deliberated for only about one hour yesterday in the death-penalty phase.

The jury of 10 women and two men had two other options: life in prison without parole and 25 years in prison before possible parole.

Tyler chose not to make a statement before he was sentenced or during the mitigation phase of the trial.

Merle Dech, one of the Tyler's attorneys, said he was pleased that the jurors went with a life sentence.

"They did their civil duty and their jobs. Jury duty, next to military duty, is the second-highest calling that a citizen can provide to its republic."

The one witness presented by Mr. Dech and Tyler's other attorney, Mark Geudtner, apparently moved the jurors into deciding that the aggravating circumstances of the murder did not outweigh the mitigating factors in Tyler's life.

Wayne Graves, a clinical and forensic psychologist who reviewed Tyler's background and evaluated him, said Tyler's childhood was unstable and he battled drug and alcohol addictions as an adult.

The oldest of six children, Tyler's biological father was killed in an industrial accident when he was 12 years old, an event that his mother said marked a change in his behavior, the psychologist said

Mr. Graves said the defendant underwent substance abuse and alcohol treatment at least three times within the last 10 years and was hospitalized for depression and psychotic episodes in 2003.

Contact Mark Reiter at:

markreiter@theblade.com

or 419-213-2134.

First Published September 23, 2006, 1:06 p.m.