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Publish Date: 5/25/2005

Peerless suspect receives jail time
Delval will serve at least 18 years


BOULDER ó Another chapter in the Peerless Tyre Co. murder closed Tuesday when one of the accused was sentenced to prison.

Ervey Delval, 21, pleaded guilty April 20 to second-degree murder in exchange for a 24-year prison sentence. He will serve at least 18 years in prison before he is eligible for parole. When heís released from prison, he will spend five years on parole.

Delval and David Rodriguez, 23, were accused of killing 86-year-old Charles Wilson during a robbery of the Peerless Tyre Co. gas station Feb. 12, 2003. Delval was arrested Jan. 7; Rodriguez was arrested Feb. 9.

During the brief sentencing hearing Tuesday, Boulder District Judge Daniel Hale admonished Delval for his role in Wilsonís death and said he hopes he will be a decent person after his release from prison.

Wilsonís family members did not attend the hearing, but instead sent a letter to Hale.

The letter was not read in court, but prosecutors said the family proclaimed how much Wilson meant to them.

The day after Wilsonís body was found in the gas-station attendantís booth, family and friends said he had commuted from his home in Erie to work at the gas station for 14 years because he enjoyed being around people. Customers, including one man who stopped by the gas station daily to visit with Wilson, recalled how nice he was.

Longmont police have said they believe Delval shot Wilson, while David Rodriguez drove Delval to and from the gas station.

Rodriguez, 23, is charged with first-degree murder, aggravated robbery and committing a violent crime. He is expected to plead not guilty to the charges when he appears in court July 13. Under Colorado law, both men can be held responsible for the murder because it occurred during the commission of a crime the two planned.

Under the terms of his plea agreement, Delval is not obligated to testify against Rodriguez. Prosecutor Ken Kupfner would not say if his office plans to subpoena Delval if the case against Rodriguez goes to trial.

Victoria Camron can be reached at 303-684-5226, or by e-mail at vcamron@times-call.com.

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