Los Angeles County District Attorney George Gascón confirmed that USC student Ivan Gallegos, 19, will not face charges in the stabbing death of 28-year-old Xavier Cerf fatally after trying to break into a vehicle outside the Gallegos fraternity residence on June 17.
“After careful consideration and a thorough review of all available evidence, we have decided not to file charges against USC student Ivan Gallegos,” stated Prosecutor Gascón. “We believe Mr. Gallegos' actions were driven by a genuine fear for his life and the lives of others.”
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The events happened around eight in the evening on June 17, when security footage captured Cerf allegedly entering a vehicle outside the Gallegos confraternity house. Gallegos and two other witnesses heard the car alarm and went outside to investigate, given the recent attacks in the area. Cerf was found inside a vehicle belonging to one of Gallegos' roommates.
Gallegos, armed with a knife, and another witness carrying a large wooden stick, confronted Cerf. A witness called 911 and stayed on the phone with the dispatcher. When approached, Cerf claimed he had a gun and grabbed his waistband.
As Cerf made this move, Gallegos grabbed Cerf's hands to prevent him from removing the alleged weapon. In the ensuing struggle, Gallegos stabbed Cerf four times. Cerf then walked away from the vehicle. Gallegos and the witnesses returned to their home and waited for the police.
Testimony and evidence supported Gallegos' claim that he acted in self-defense, believing that deadly force was necessary to protect himself and others from an imminent threat. The use of force was considered proportionate and reasonable under the circumstances.
The case is being investigated by the Los Angeles Police Department.
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