No charges will be filed against a 19-year-old university student in a deadly stabbing that stemmed from an altercation at USC's Greek Row, according to the Los Angeles County District Attorney's office.
“After careful consideration and a thorough review of all available evidence, we have decided not to pursue charges against USC student Ivan Gallegos," the county prosecutor's office said. "We believe that Mr. Gallegos’s actions were driven by a genuine fear for his life and the lives of others. Our heart goes out to the deceased’s family, friends and everyone impacted by this tragic incident.“
Xavier Cerf, 27, died at the scene Monday night in the 700 block of West 28th Street, east of University Avenue. The man, who investigators said appeared to be homeless, was found with stab wounds in an alley outside a fraternity house.
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USC student Ivan Gallegos was arrested on suspicion of murder in connection with the stabbing.
Prosecutors said Thursday that Gallegos' acted with reasonable belief that deadly force was necessary to protect himself and others after Cerf claimed to be armed with gun.
In a charge evaluation document provided by the Los Angeles County District Attorney's Office, authorities said Cerf was seen on security camera video entering a 2010 Mercedes Benz parked near the rear of the fraternity house where Gallegos lives. Shortly after the car alarm activated, Gallegos, armed with a knife, and two others -- one of whom was carrying a large wooden stick -- went outside to investigate.
As they approached the car owned by one of their friends, the man refused to get out of the car and locked the door, claiming the car was "calling him" and "had his name," according to the document. A few seconds later, he opened the driver's door and appeared to be getting out when he told Gallegos he had a gun and reached for his waist, both witnesses told investigators.
Gallegos then grabbed the man's hands with his left hand and stabbed him in the chest with the knife in his right hand, authorities said. A struggle ensued and Cerf was stabbed three more times, according to prosecutors.
It was later determined the man did not have a gun.
Gallegos was arrested at the scene without incident. He told officers he was armed with the knife because of safety concerns in the area, according to the charge evaluation document. He said there had been several recent car break-ins and violent crimes and that he was acting in self defense, believing that Cerf was armed.
Cerf, who moved to Southern Califronia from Texas, was a dancer and comedian, his mother told NBCLA. She said he had been hospitalized for 20 days, being treated for mental health before his release Monday -- the same day he died.
Cerf's mother said she does not defend the car break-in, but that her son did not need to die.
"I'm lost. I'm confused. I'm hurt," she told NBCLA. "You took my son. You took my baby. You took my baby."
