VISTA — The family of 12-year-old Emery Chalekian will have to wait longer for a resolution after a judge unexpectedly recused himself, delaying by more than two weeks a hearing for the man charged with misdemeanor vehicular manslaughter in her death.
The diversion motion, originally set to be heard July 16, has been rescheduled for July 31.
Eddie Sengendo, 45, a local tennis pro who entered the United States as a political refugee after fleeing Kenya, according to previous reporting by the San Diego Union-Tribune, has pleaded not guilty to a misdemeanor vehicular manslaughter charge stemming from an April 2025 collision that killed Chalekian.
Emery, whose entrepreneurial spirit once led her to earn $68 from a lemonade stand inspired by a lemon tree in her family’s backyard in Encinitas, was crossing Encinitas Boulevard in a marked crosswalk when she was fatally struck by a Nissan Xterra, according to the San Diego County Sheriff’s Office. Details related to the circumstances of the collision have been limited.
Dozens of supporters and family members of both Sengendo and Emery gathered at Vista Superior Court on July 16 for what many expected would mark the conclusion of the legal proceedings.
Victim impact statements were expected to be read by members of the Chalekian family, followed by arguments over whether Sengendo would be granted diversion and, if so, under what terms.
Instead, Judge Sim von Kalinowski recused himself earlier that day because of a conflict, according to court documents obtained by The Coast News.
Kristin Marshall, the deputy district attorney prosecuting the case, said no reason was given and that judges generally are not required to explain such recusals.
The hearing was then reassigned to Judge Robert Kearney’s already full calendar, prompting the dozens of attendees to move from Courtroom 1 to Courtroom 22.
The smaller courtroom quickly became standing-room only. Many of Emery’s supporters wore yellow, her favorite color.
Marshall, who wore a sunflower-yellow dress to court, told Kearney that in anticipation of what they believed would happen, the Chalekian family and their friends “did incredible emotional preparation.”
“It sounds like the kind of case that needs to have an opportunity for everybody to be heard,” Kearney said. “So we’ll do that.”
Jay Temple, Sengendo’s attorney, has previously told The Coast News that Sengendo would make no comment while the legal proceedings remain ongoing.
All parties involved will now have to wait until July 31 for their day in court.
