VISTA — A 44-year-old man has been charged with misdemeanor vehicular manslaughter in the fatal collision that killed a sixth-grade girl in Encinitas earlier this year.
The charge under California Penal Code 192(c)(2) covers “driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence,” according to state law.
Misdemeanor vehicular manslaughter carries a maximum penalty of one year in county jail, a fine of up to $1,000 and the possibility of summary probation. The charge differs from the more serious felony version, which applies when “gross negligence” is involved.
The case stems from the April 25 collision that resulted in the death of 12-year-old Emery Chalekian, a sixth-grade student at Park Dale Lane Elementary School.
Emery 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.
Eddie Sengendo, who was not present in Vista Superior Court on Monday, pleaded not guilty to the charge.
Jay Temple, Sengendo’s attorney, said in court that his client “denied any and all allegations.”
“For him not to show up, this represents who he really is,” John Chalekian, Emery’s father, told The Coast News shortly after the hearing.
Sengendo will be required to appear at a Jan. 13, 2026, readiness conference under state court rules. Other conditions agreed to by attorneys on both sides include Sengendo not driving a vehicle and surrendering his passport at the readiness conference.
Kristin Marshall, an attorney with the District Attorney’s Office, said in court that Sengendo had “significant ties out of the country,” leading to the passport condition to limit his flight risk.
The courtroom was standing-room-only, with many people wearing yellow “Emery” shirts standing in the back. In the months since her death, Emery’s family and community members have organized efforts calling for traffic-safety changes aimed at preventing similar tragedies.
Safe Streets Encinitas has emerged as a leading group advocating for roadway improvements and stricter enforcement.
Judge Valerie Summers, who presided over the hearing, thanked the “tremendous number of people” for attending in support of Emery.
The Coast News is continuing to look into the identity of Sengendo and will update with more information.
CORRECTION: A previous version of this story incorrectly described the circumstances of the fatal collision.
