The USC student who fatally stabbed a man allegedly breaking into cars on Greek Row is free after Los Angeles County District Attorney George Gascón declined to file charges against him on Thursday.
Ivan Gallegos, 19, was arrested after the confrontation with Xavier Cerf, 27, at about 8:15 p.m. Monday in the 700 block of West 28th Street.
Gallegos and two friends were walking down the street when they spotted Cerf, who was homeless, allegedly breaking into a vehicle, and when they confronted him, an altercation began, according to the Los Angeles Times.
Gallegos claims he acted in self-defense and that Cerf claimed to have a gun, though police said no firearm was found.
Gallegos’ friend Rafael Cardenas added that Cerf “gestured, put his hands in his pants, [indicating] that he had a gun.”
“We could’ve had three dead USC students in the USC community, and that would’ve been very unfortunate and tragic,” Cardenas added.
As for Gallegos’ knife, activist Najee Ali, speaking on behalf of Gallegos’ mother, said the student carried it for protection because students have been targeted by criminals in that area in the past.
“USC, unfortunately, has a history in that area of students being robbed, assaulted and murdered,” Ali said.
Gascón echoed the self-defense argument in his statement announcing that no charges would be filed.
“After careful consideration and a thorough review of all available evidence, we have decided not to pursue charges against USC student Ivan Gallegos,” the statement 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.“
Due to the lack of charges, what was supposed to be the day of Gallegos’ arraignment instead became his release date.
Family members confirmed to KTLA’s Kimberly Cheng that he was out of jail.
Jail records indicate that Gallegos was released under California Penal Code Section 849(b)(1), which allows police to release a person when there are insufficient grounds to file charges.
Yema Jones, Cerf’s mother, has not commented since the decision to release Gallegos was made, but before that, she told the Los Angeles Times that Cerf suffered from mental illness and was “a peaceful person.”
“They’re making my son out to be a person that he’s not,” she said. “He was very vibrant. He loved to dance. He wasn’t a violent kid coming up.”