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A University of Southern California student who fatally stabbed an unhoused person who was breaking into cars won’t be charged, prosecutors said Thursday.
Ivan Gallegos, 19, was arrested on suspicion of murder earlier this week after Xavier Cerf, 27, was found dead with stab wounds in an alley behind a fraternity house on USC’s Greek Row.
According to investigators, surveillance footage shows Cerf breaking into a Mercedes-Benz parked behind Gallego’s frat house and setting off the car’s alarm around 8 p.m. Monday. Gallegos, armed with a knife, and two others, one holding a large stick, went to confront him.
Cerf purportedly locked himself in the car when the men approached. However, he then opened the door, reached for his waist as he got out and said he had a gun, witnesses said.
Gallegos grabbed Cerf’s hands and stabbed him. As they struggled, he stabbed Cerf three more times. Cerf stumbled away and collapsed behind the house where he was found. He was declared dead at the scene.
Investigators learned that Cerf did not have a gun.
Gallegos was arrested without incident and his bail was set at $2 million.
Prosecutors determined that Gallegos acted with reasonable force believing his life was in danger.
“After careful consideration and a thorough review of all available evidence, we have decided not to pursue charges against USC student Ivan Gallegos,” said Los Angeles County District Attorney George Gascon. “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.”
Cerf’s mother told NBCLA he died the same day he was released from the hospital for mental health treatment.
It’s unclear if Gallegos remains in custody or if he’s been released.
He has not spoken to media but a friend told ABC7 Los Angeles that Gallegos is traumatized by the incident and has been asking about Cerf’s family.
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