USC scholar Ivan Gallegos and two buddies have been strolling down twenty eighth Road within the coronary heart of Greek Row after they got here throughout Xavier Cerf.
Cerf, a 27-year-old man whose mom stated he had simply been launched from a psychological well being facility and who police stated was homeless, had allegedly damaged right into a automotive on the road. Gallegos and his group confronted him.
Moments later, Cerf was mendacity on the bottom with deadly stab wounds. Police arrived and shortly took Gallegos into custody on suspicion of homicide. Authorities say Gallegos repeatedly stabbed Cerf after an altercation. Gallegos remained on the scene after the stabbing and cooperated with police. He advised officers the suspected automotive burglar stated he had a gun, however legislation enforcement sources stated that no gun was recovered on the scene.
There are nonetheless many unanswered questions on these seconds main as much as Cerf’s loss of life, together with why Gallegos and his buddies determined to strategy him. Los Angeles County prosecutors are actually figuring out whether or not to file legal fees, and authorized consultants stated the main points of the confrontation will probably be central to how the case proceeds.
In a GoFundMe marketing campaign created to help Gallegos, his mom Violet claims that her son was performing in self-defense when he stabbed Cerf. Gallegos discovered himself in that state of affairs “because of the lack of security measures round his campus,” in accordance with the submit.
In the meantime, Cerf’s mom, Yema Jones, stated she is reeling from his loss of life and is looking for solutions. She stated he has been struggling mentally lately after the loss of life of relations and, on the time of his loss of life, had hoped to return to Houston to be along with her. Whereas Cerf does have a legal document, Jones stated he was a peaceable particular person.
“They’re making my son out to be an individual that he’s not,” Jones stated. “He was very vibrant. He beloved to bounce. He wasn’t a violent child arising.”
A query of risk
In California, an individual is entitled to defend themselves, however their response needs to be proportional to the risk, in accordance with protection legal professional Mark Werksman, who will not be engaged on the case.
“You may’t be the aggressor and declare self-defense,” Werksman stated. “You may’t assault someone after which declare self-defense by ending the particular person off with deadly power.”
Different states, reminiscent of Florida, have broader self-defense authorized protections for individuals defending their houses or concerned in violent encounters in public, Werksman stated.
Given California’s legal guidelines, Dmitry Gorin, a former prosecutor and protection legal professional, stated if Cerf attacked or threatened Gallegos, then he would have a proper to make use of self-defense.
“He can be discovered not responsible if his actions have been to be cheap primarily based on the totality of the circumstances,” stated Gorin, who will not be affiliated with the case.
Nevertheless it stays unclear what Cerf stated, and police have solely launched Gallegos’ narrative of occasions.
One other protection legal professional, Louis Shapiro, stated Cerf breaking into the automotive will not be alone sufficient justification for lethal power, even when Gallegos witnessed it.
The case of the Greek Row stabbing might come right down to Gallegos’ credibility and cooperation with authorities. Prosecutors might not instantly make a charging choice and let Gallegos be launched from custody pending additional investigation, Shapiro stated.
As soon as all of the details come out, Shapiro stated a key query is whether or not a jury may sympathize with Gallegos’ viewpoint. Was he justified to make use of deadly power if he thought Cerf had a gun? He thinks if prosecutors file fees, the case would in all probability go to trial as a result of a protection lawyer might really feel that they will persuade a jury of their consumer’s innocence, he added.
A mom’s ache
Jones, Cerf’s mom, stated the previous few days have been “laborious and devastating.”
She was notified of her son’s loss of life by way of a telephone name from the L.A. County Medical Examiner’s Workplace, who advised her Cerf had been stabbed “a number of instances.”
A way of shock came visiting her.
Jones, who resides in Houston, has not spoken to legislation enforcement in Los Angeles about her son’s loss of life. She’s gathered particulars about Cerf’s loss of life by way of information clips and YouTube movies.
On his TikTok web page, which had amassed almost 2,000 followers, Cerf shared a number of movies of himself dancing — typically by himself, typically with household and buddies.
In a single video, Cerf filmed himself performing in entrance of the downtown Houston skyline, a smile on his face whilst neighbors poked enjoyable.
Her son traveled continuously, Jones stated, and visited California previously. However on his newest journey, he arrived in Los Angeles on the finish of February.
He was father to a 3-year-old boy, Anthony.
“One factor about me is I’m by no means going to color a fairly image about my son. I’m simply going to provide you details. All people goes by way of life points,” Jones stated. “Regardless, he was nonetheless a father. He was nonetheless a brother. He was nonetheless a son. It didn’t need to go that far.”
Public information present Cerf has had a number of run-ins with legislation enforcement lately. In Texas, he was convicted of a 2020 misdemeanor assault with bodily damage in Harris County.
In Los Angeles County, he was arrested on March 10 by Glendora police for a misdemeanor and charged with misdemeanor possessing private figuring out info with intent to defraud and loitering. They arrested him once more a few week in a while March 18 for alleged drug paraphernalia. He was then arrested by the LAPD in a citizen’s arrest on April 28 for an alleged battery.
After he failed to seem at a June 12 courtroom listening to associated to the Glendora arrest, courtroom information present {that a} bench warrant was issued for his arrest.
Jones is now trying to carry her son’s physique again to Texas, however is battling funds. She stated those that are mischaracterizing her son primarily based on Monday’s occasions have been uninformed.
“You may’t discuss someone that you just don’t know,” she stated. “He was beloved.”
A scholar ‘beloved’ at USC
Earlier this yr, Gallegos took to his LinkedIn web page to share an excerpt of an essay he wrote for the USC Dornsife Jail Schooling Mission.
“I’ll dedicate my life to begin a motion to encourage individuals battling criminality to hunt a greater life for themselves as a result of a life residing locked up, will not be a life value residing for,” he wrote. The piece was awarded an honorable point out.
Gallegos has additionally been featured in campus media for his work as a musician producing digital dance music.
In Might, he carried out with Mariachi Los Troyanos on the college below his stage identify IDG, in accordance with a current report from USC Annenberg Media.
“All through his childhood, Ivan navigated the realities of each his dad and mom’ involvement in gang actions, resulting in their intermittent incarceration,” the report stated. “Regardless of rising up in an atmosphere saturated with medication, gangs and prostitution, he centered on music and sharpened his abilities to turn out to be a multifaceted [instrumentalist] and vocalist.”
On Tuesday, one in all Gallegos’ highschool buddies going to highschool with him at USC described him as somebody who went out of his approach to maintain his buddies.
“He was at all times looking for others,” stated the buddy. “I used to be heartbroken after I heard the information about Ivan. On the finish of the day, I do know he was simply making an attempt to defend himself. He’s beloved by many at USC.”
Gallegos’ household didn’t return calls looking for details about him. However in a short telephone dialog on Tuesday, Gallegos’ mom, Violet, stated: “He’s a great child.”