No charges will be filed in fatal assault in USC Greek Quarter, DA says – NBC Los Angeles

No charges will be filed against a 19-year-old college student in a fatal stabbing stemming from an altercation at USC's Greek Row, according to the Los Angeles County District Attorney's Office.

“After careful consideration and review of all available evidence, we have decided not to pursue charges against USC student Ivan Gallegos,” the county attorney’s office said. “We believe Mr. Gallegos' actions were motivated by genuine fear for his life and the lives of others. Our thoughts are with the family, friends and all those affected by this tragic incident.

Xavier Cerf, 27, died at the scene Monday evening in the 700 block of West 28th Street, east of University Avenue. The man, who investigators said appeared to be homeless, was found with stab wounds in an alley outside a fraternity house.

USC student Ivan Gallegos was arrested on suspicion of murder in connection with the stabbing.

Prosecutors said Thursday that Gallegos acted with a reasonable belief that deadly force was necessary to protect himself and others after Cerf claimed he was armed with a gun.

In a charge assessment document provided by the Los Angeles County District Attorney's Office, authorities said Cerf was seen on security camera video entering a 2010 Mercedes Benz parked near the rear from the fraternity house where Gallegos lives. Shortly after the car alarm went off, Gallegos, armed with a knife, and two other people, one of whom carried a large wooden stick, came out to investigate.

As they approached the car belonging to one of their friends, the man refused to get out of the car and locked the door, claiming that the car was “calling him” and “bearing his name.” , according to the document. Seconds later, he opened the driver's door and appeared to get out when he told Gallegos he had a gun and reached for his waist, both witnesses told investigators.

Gallegos then grabbed the man's hands with his left hand and stabbed him in the chest with the knife in his right hand, authorities said. A fight ensued and Cerf was stabbed three times, according to prosecutors.

It was later determined that the man did not have a weapon.

Gallegos was arrested at the scene without incident. He told officers he was armed with the knife because of security concerns in the area, according to the charge assessment document. He said there had been several recent car burglaries and violent crimes and he was acting in self-defense, believing Deer was armed.

Cerf, who moved from Texas to Southern California, was a dancer and actor, his mother told NBCLA. She said he was hospitalized for 20 days and treated for mental health issues before his release on Monday – the same day he died.

Cerf's mother said she wasn't defending the car break-in, but that her son didn't need to die.

“I'm lost. I'm confused. I'm hurt,” she told NBCLA. “You took my son. You took my baby. You took my baby.”