USC student who fatally stabbed homeless man will not face charges, according to D.A.

USC student Ivan Gallegos, who fatally stabbed a homeless man allegedly breaking into cars near campus Monday night, is a free man again. Los Angeles County District Attorney George Gascón said Thursday morning he will not face charges.

East Los Angeles native Gallegos, 19, was involved in the fatal incident on June 17 at around 8:15 p.m., according to the Los Angeles Police Department (LAPD). Officers responded to an "assault victim" radio call near the 700 block of West 28th Street, near the USC fraternity building, Delta Tau Delta in Greek Row. 

When officers arrived, the male victim showed injuries as a result of an assault. Paramedics pronounced him deceased at the scene, according to the press release. Two friends were with Gallegos at the time of the altercation, both questioned and later released. Gallegos was arrested on the scene and was held on a $2 million bail.

Gascón said in a statement that after careful consideration and a thorough review of all available evidence, his office decided not to pursue charges against the student.

"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," Gascón said in the statement. 

The victim has been identified by the Los Angeles Coroner's Office as 27-year-old Xavier Cerf from Texas. He had been in California a few times in the past and had been living in Los Angeles for the past four months. Sheriff's records showed he had been arrested at least four times for misdemeanor charges.

Acting in self-defense 

LAPD Interim Chief Dominic Choi told the L.A. Police Commission Tuesday during their meeting that Gallegos said in an interview with LAPD officers that Cerf told him he had a gun and he acted in self-defense. However, no weapon was retrieved from the scene. 

Social media comments have overwhelmingly supported Gallegos's actions, stating that the homeless crisis is getting out of hand. Many applauded Gascón's actions to free Gallegos. The attorney has been severely criticized for his soft measures in robberies and attacks.

Outside the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles, Gallegos’ friends and supporters waited for his arraignment, scheduled for Thursday at 1:30 p.m., but instead, they received the good news from the D.A. that he would be released. 

Rafael Cardenas, Gallegos' friend, was among the supporters. He told the media he truly believed it was in self-defense because if the victim did have a gun, as he was telling the students who confronted him, there could have been three deaths instead of the one.

"That would have been very unfortunate and tragic," he said. 

A little before 2 p.m. Gallegos was freed from the LAPD 77th Street Station. Activist Najee Ali told CALO News while he was waiting for Gallegos's release with a group of supporters, including his mother, that he commends Gascón’s actions to free him. He identified Gallegos as a model student with a track record of helping the poor and needy and trying to stop violence in the community.

"Unfortunately in that USC area, we've had several students in recent years robbed, assaulted and murdered, so there's a safety concern, and that's why Ivan [Gallegos] had every right to defend himself," Ali said. 

He added that despite the family's excitement about seeing Gallegos again, they feel empathy for the victim's family, but Gallegos was only trying to defend himself and others. 

"He thought someone was trying to murder him," Ali said. 

Working hard to change the narrative

Gallegos is a sophomore at USC’s  Marshall School of Business, majoring in business administration. He identifies as a Chicano and is a role model for those who know him. Music is his passion, and he is starting his non-profit, "If I Don't, Who Will," which aims to provide resources and support to marginalized communities. 

Dímelo, a USC Latino media outlet, interviewed Gallegos in May as he opened up about his past and what led him to find his passion for music and drive to excel in school.  

Gallegos was born in Monterey Park and raised in  East and Southeast Los Angeles. In the interview with Dímelo, he said that at a very young age, he learned the difficulties of being surrounded by drugs and gangs. 

"Both of my parents are gang members, they were exposed to substance abuse and with all these things of coming in and out of jail, I was kind of left alone a lot and forced to go to Boyle Heights with my grandmother," he said. "But I always knew I didn't want to go that route."

He said his grandmother played a big part in his success. She even bought him a cheap guitar on Amazon so he could learn how to play. In sixth grade, he joined a school mariachi club and soon started performing in front of audiences. 

"It was a warm feeling," he said during the interview with Dímelo. "I love mariachi."

His passion led him to continue learning to play instruments, and once he arrived at USC in 2022, he joined Mariachi Los Troyanos, where he played the guitar and guitarrón. He also acted as the coordinator of events with Los Troyanos. 

When the news of the fatal stabbing was released, members of Los Troyanos  were in shock. One of the members, who was hesitant to speak, said he was very impacted by the news. He knew Gallegos as a phenomenal student who would do a lot to help others. 

Gallego’s LinkedIn page states that he's passionate about helping his community become a better place and being a positive role model for the youth. He won several scholarships, including those from the Los Angeles Rams, USC, and Chick-fil-A.

"I am dedicated to using all my skills and knowledge to create positive change and make a difference in the world," he said on his LinkedIn page.

Mother mourns victim 

Yema D. Jones, Cerf's mother, started a GoFundMe page where she is asking for help to raise money to get Cerf's body back to Houston. She said on the page that Cerf leaves a three-year-old son. 

In an interview with the L.A. Times, Jones said he had been "struggling mentally" after the death of some family members. Although Cerf had several encounters with law enforcement in Houston and California, his mother told the L.A. Times that he was not a violent kid growing up.