The student who stabbed and killed a man who broke into his friend’s car at USC’s Greek Row did no wrong, the man’s attorney said a day after his client’s charges were dropped.
Ivan Gallegos, 19, will not face murder charges in the deadly stabbing of 27-year-old Xavier Cerf, the Los Angeles County District Attorney’s Office announced Thursday. The violence took place Monday night in the 700 block of West 28th Street outside a fraternity house.
The DA’s office said it found Gallego’s actions were “driven by a genuine fear for his life and the lives of others.”
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The investigation revealed that Cerf was seen on surveillance footage entering a 2010 Mercedes Benz that was parked at the scene. After the vehicle’s alarm went off, Gallegos, who was armed with a knife, went out to investigate the source with two others – one of whom was carrying a large wooden stick.
Investigators said Cerf refused to get out of the car and once he did, he told the group that he had a gun and then reached for his waist. A struggle ensued and Cerf was stabbed three more times, according to prosecutors. It was later determined the man did not have a gun.
“This is a terrifying situation,” said Mark Geragos, Gallegos’ attorney. “What do you do in a situation like this? I think Ivan did exactly what he was supposed to do, which was to try to stop a crime. Unfortunately, the person he tried to stop it with escalated the matter and that’s where he found himself.”
Cerf was described as being unhoused and moved to Southern California from Texas in February. He was a dancer and comedian.
Court documents revealed that Cerf had been arrested four times for misdemeanors.
“This person had a lengthy record and unfortunately, passed away,” Geragos said. “But that doesn’t take away from the fact Mr. Gallegos … was frightened for his life and took the actions that he needed to take.”
Cerf’s mourning mother, Yema Jones, shared her grief with NBC4. She questioned why the violence escalated to a fatality when three people went to investigate the doings of one person.
“You all mean to tell me you couldn’t call campus security or hold him down without hurting him? Jones said. “It’s three of you all against one. One had a pole, and one had a knife. I feel it was already your intention to do what you all did.”
According to Jones, her son spent time at a San Pedro hospital to seek mental health treatments. He was released the same day he was killed.
“There's three of you. You all could have held him down,” Jones said. “To stab him not once, but multiple times – He was harmless. You all found nothing on him, absolutely nothing, except his medication. And you tell me that’s justice.”
