Los Angeles County District Attorney George Gascón confirmed that USC student Ivan Gallegos, 19, will not face charges for the death of Xavier Cerf, 28, who was fatally stabbed after allegedly attempting to break into a vehicle outside Gallegos’s fraternity residence on June 17.
“After careful consideration and a thorough review of all available evidence, we have decided not to pursue charges against USC student Ivan Gallegos,” District Attorney Gascón stated. “We believe that Mr. Gallegos’s actions were driven by a genuine fear for his life and the lives of others.”
The incident occurred around 8 p.m. on June 17, when security footage captured Cerf allegedly breaking into a vehicle outside Gallegos’s fraternity house. Gallegos and two other witnesses heard the car alarm and went outside to investigate, given recent break-ins in the area. Cerf was found inside a vehicle belonging to one of Gallegos’s roommates.
Gallegos, armed with a knife, and another witness carrying a large wooden stick, confronted Cerf. One witness called 911 and stayed on the phone with the dispatcher. When approached, Cerf reportedly claimed to have a gun and reached for his waist.
As Cerf made this motion, Gallegos grabbed Cerf’s hands to prevent him from drawing the supposed weapon. In the ensuing struggle, Gallegos stabbed Cerf four times. Cerf then walked away from the vehicle. Gallegos and the witnesses returned to their residence and waited for the police.
The witness accounts and evidence supported Gallegos’s 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 deemed proportionate and reasonable under the circumstances.
The case is being investigated by the Los Angeles Police Department.