Los Angeles prosecutors have dropped murder charges against a college student who fatally stabbed a homeless man after authorities said the vagrant’s false claim about having a gun made the student “fear for his life.”
Los Angeles County District Attorney George Gascon said in announcing the move late last week that multiple witnesses confirmed University of Southern California student Ivan Gallegos’s claim that Xavier Cerf, who is homeless, pretended to be armed and reached for his waist when he was confronted for breaking into the student’s car last week.
Prosecutors said Mr. Gallegos, 19, reacted by stabbing the 27-year-old transient four times. Police said no gun was found on Mr. Cerf, who died at the scene.
Mr. Gallegos spent three days in jail as prosecutors reviewed the evidence. He was released Thursday afternoon.
“There is consistency in the assessment that the decedent indicated he had a gun,” Mr. Gascon told local TV station KABC. “Although he didn’t have a gun, he did reach out for his waistband. When you look at the totality of the circumstances, it really indicates there was a reasonable belief that Mr Gallegos believed his life was in danger.”
Court documents said Mr. Cerf broke into Mr. Gallegos’ car Monday night and set off the alarm, prompting the student and two others, one of whom was armed with a large stick, to approach the suspect.
The filing said Mr. Cerf refused to get out of the car when he was confronted and insisted the car was “calling him” and “had his name.”
Mr. Cerf then got out of the car and threatened Mr. Gallegos and the others by saying he had a gun, according to the court documents.
The transient began reaching for his waistband, which is when the filing said Mr. Gallegos grabbed Mr. Cerf’s hand and stabbed the vagrant in the chest.
Court documents said Mr. Cerf reached for his waistband again, causing Mr. Gallegos to stab him three more times.
Mr. Cerf walked away afterward while Mr. Gallegos returned to his house to call the police.
The USC student was profiled by the university last month as an up-and-coming musician.
