VISTA (KGTV)- The family of 12-year-old Emery Chalekian walked out of the Vista courthouse without answers Thursday after a judge recused himself, delaying a decision on whether the driver accused of killing their daughter could avoid a criminal conviction through misdemeanor diversion.
The Chalekian family entered the courtroom wearing yellow — Emery's favorite color — after spending days emotionally preparing to deliver victim impact statements.
"I miss her. I missed those times. I miss having a daughter. We'll go on. My wife, my son, and I will honor her every day. She's proud of us, and we'll do that," John Chalekian, Emery's father, said.
Before the family had a chance to share those statements, the hearing came to a stop after the judge recused himself.
"We're tired. We just want to grieve the loss of our daughter. We want to give our community some peace, and it is so emotionally challenging preparing for these days and then being let down by our system repeatedly," John Chalekian said.
Eddie Sengendo, who is charged with misdemeanor vehicular manslaughter and has pleaded not guilty, is asking for misdemeanor diversion — a ruling that could allow him to avoid a criminal conviction if granted by a judge.
Sengendo is accused of running a red light before crashing into another car, then hitting Emery as she was legally crossing the street after dance class.
"Eddie has a debt to pay to society, whether it's court-ordered or not. He has to take accountability for what he did, finally. He's yet to do that," John Chalekian said.
Outside the courthouse, friends, neighbors and members of Safe Streets Encinitas stood with the family. The group was created after Emery's death, turning their grief into a push for change — including adding red-light cameras and accountability for drivers who break the law.
"It's very disappointing to see that this is still happening. This is a problem. Three children have been hit and killed in Encinitas since 2023. So what are we going to do about it? This needs to be moved up to a higher priority by the city," Laura Van Dusen of Safe Streets Encinitas said.
A new hearing has been set for July 31.
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