USC student who killed suspected car thief will not be charged with death, prosecutor says

A USC student whom police accused of fatally stabbing a man who had broken into a car on Greek Row will not be charged with the murder, prosecutors announced Thursday.

Ivan Gallegos, 19, was being held on $2 million bail after Los Angeles police said he and two other people confronted Xavier Cerf, 27, as he was breaking into a car, and Gallegos pulled out a knife and fatally stabbed him.

“After careful consideration and a thorough review of all available evidence, we have decided not to pursue charges against… Gallegos. “We believe that Mr. Gallegos’ actions were motivated by a genuine fear for his life and the lives of others,” Dist. Attorney. George Gascón said in a statement. “Our hearts go out to the family, friends and everyone affected by this tragic incident.”

The confrontation occurred Monday shortly after 8 p.m. in the 700 block of West 28th Street, police said. Gallegos remained at the scene after the stabbing, cooperated with investigators and was later booked, according to police. The other two men who were with him were questioned and released.

Police said they found Cerf in a nearby alley suffering from stab wounds and when paramedics arrived he was pronounced dead at the scene.

In a GoFundMe campaign created to support Gallegos, his mother Violet claims her son acted in self-defense when he stabbed Cerf. Gallegos found himself in that situation “due to the lack of security measures on his campus,” according to the publication.

Meanwhile, Cerf's mother, Yema Jones, said she is recovering from his death and searching for answers. She said he has been struggling mentally in recent years after the deaths of members of her family and, at the time of her death, he hoped to return to Houston to be with her. Although Cerf has a criminal record, Jones said he was a peaceful person.

“They're making my son out to be a person he's not,” Jones said. “It was very vibrant. He loved to dance. He was not a violent child in the future.”

On Tuesday, one of Gallegos' high school friends who went to school with him at USC described him as someone who went out of his way to take care of his friends.

“He was always looking out for others,” the friend said. “I felt heartbroken when I heard the news about Ivan. At the end of the day, I know he was just trying to defend himself. He is loved by many at USC.”

Gallegos' family did not return calls asking for information about him. But in a brief phone conversation Tuesday, Gallegos' mother said, “He's a good kid.”

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