USC Student Won't Be Charged For Killing Unarmed Car Burglar: LADA

LOS ANGELES, CA — A 19-year-old USC student who stabbed to death a man seen breaking into a car behind his fraternity house won't face charges, the District Attorney's Office announced Thursday.

Describing the fatal stabbing as a tragic act of self-defense, District Attorney George Gascón said charges aren't warranted. The family of the slain man, 27-year-old Xavier Cerf, decried the decision, saying the students initiated the violence.

According to police and the district attorney, Ivan Gallegos and two others saw Cerf breaking into a car at 8:15 p.m. Monday in the 700 block of West 28th Street and confronted him. Gallegos told police he stabbed Cerf because he thought the man had a gun, and he feared for his life.

"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 George Gascón said in a statement. "We believe that Mr. Gallegos' 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."

Initially arrested on suspicion of murder, Gallegos was released from custody Thursday afternoon.

The vehicle break-in was captured on security video.

"Cerf was captured on security video allegedly breaking into a vehicle outside of Gallegos’s USC fraternity residence. Gallegos and two other witnesses heard the vehicle’s alarm go off from inside the residence and went outside to investigate as there had been several break-ins at their house and nearby residences. Cerf was inside one of the vehicles belonging to one of Gallegos’s roommates,"the district attorney announced.

"As the men approached the vehicle, Gallegos was armed with a knife while another witness carried a large wooden stick.," Gascón said in a written statement. "Gallegos and witnesses approached the vehicle and asked Cerf to exit. After a few seconds, Cerf opened the car and announced that he had a gun while simultaneously reaching for his waist as if he were reaching for a gun, according to Gallegos and witnesses.

"As Cerf reached for his waist, Gallegos grabbed Cerf’s hands with his left hand to prevent him from pulling out the alleged gun. During the struggle, Gallegos stabbed Cerf a total of four times. Cerf walked away from the car. Gallegos and the witnesses returned to their residence and waited for officers to arrive.".

Cerf tried to run away through an alley, where responding officers eventually found him suffering from multiple stab wounds, according to Choi. Several witnesses described seeing a pool of blood near a fraternity house.

According to the LAPD, two other men who were with Gallegos when he confronted Cerf were questioned and released at the scene.

Cerf's family told The Los Angeles Times they plan to pursue legal options based on their belief that the video evidence contradicts the DA's findings.

Cerf, who reportedly told the USC students the car was calling him, suffered from mental health issues and was a father of three, his mother Yema Jones told the Times. He had amassed a TikTok following for videos of he created of himself dancing often with family and friends.

“I want justice,” said Jones.

If her son wasn't armed, the stabbing wouldn't be self-defense, she said.

“Even if he was breaking into a car, that’s not your job to put justice in your own hand,” Cerf’s uncle, Detorrien Jones said to the Times. “That’s not how it operates.”

City News Service contributed to this report.