The family of a man who was stabbed and killed by a USC student after he allegedly broke into a car near the student’s home spoke out Thursday after Los Angeles County prosecutors declined to file criminal charges serve.
Xavier Cerf, 28, was on a street full of fraternity and sorority houses just outside the USC campus when he allegedly broke into a car parked there. Surveillance footage shows him entering a 2010 Mercedes Benz, according to charging documents from the LA County District Attorney’s Office. When he heard the car’s alarm go off, 19-year-old Ivan Gallegos came out of the student house where he lives nearby. He had two other people with him.
Gallegos later told investigators he brought a knife because the area, in the sprawling South Los Angeles region, is dangerous and has seen violent crimes against students. After confronting Cerf, they became confused after Cerf allegedly told him he had a gun and was grabbing his waistband — a story the other people confirmed with Gallegos.
Charging documents from the district attorney’s office state that “there is no evidence” that Cerf had a gun on him.
Detorrian Jones
Gallegos said he feared for his life and stabbed Cerf four times, including once in the chest, according to documents from the district attorney’s office. He told investigators it was in self-defense. a reason prosecutors cited in their decision not to press charges.
“We believe that Mr. Gallegos’ actions were motivated by a genuine fear for his life and the lives of others,” wrote Venusse D. Dunn, spokeswoman for the District Attorney’s Office. “Our hearts go out to the family, friends of the deceased and everyone affected by this tragic incident.”
But Cerf’s family has expressed their disappointment in the district attorney’s decision. His uncle, Detorrian Jones, said, “It’s not self-defense” if the other person is unarmed. ‘I am so sorry. That doesn’t give you the right,” he said.
“And even if he was in some of the cars, I think they took the law into their own hands,” Jones said. “They should have called the police and let them do their job.”
Cerf came to Los Angeles from Texas to pursue a career in social media, Jones said. Although police previously described him as homeless, Jones said the 28-year-old was not and had been living with friends at the time of his death.
He also said Cerf struggled with mental health issues.
Before his release Thursday, Gallegos received widespread support from family, friends and fellow students at his university. On social media, many voiced their support for the 19-year-old student, as a “Justice 4 Ivan” banner hung outside a dorm on Greek Row where the fatal stabbing took place.
“He should definitely be released,” Rafael Cardenas, a friend of Gallegos who recently graduated from college, told USC’s Annenberg Media days after his arrest. “There should be no reason for him to even be there right now.”
Gallegos declined to speak to reporters Thursday after his release from LAPD’s 77th Street Station.
Prosecutors have said evidence collected in the case indicates Gallegos acted in self-defense, genuinely feeling his life was threatened because he believed Cerf had a gun.
Meanwhile, Cerf’s mother told the Los Angeles Times that hearing the news of her son’s death was “difficult and devastating.”
Before the district attorney’s office announced that no charges would be filed, Yema Jones told the Times that her son “wasn’t a violent kid coming up” and enjoyed dancing. In recent years he had struggled with mental health after the deaths of several family members, she said, and had hoped to move back to Houston.
“One thing about me is I’m never going to paint a pretty picture of my son. I’m just going to give you facts. Everyone faces life challenges,” Jones told the Times. “Anyway, he was still a father. He was still a brother. He was still a son. It didn’t have to go that far.’
