Edhat Staff
A Santa Barbara man has pled guilty to two counts of second-degree murder from a 2021 collision in Goleta that killed two people.
Andrew Burgher, a 34-year-old resident of Santa Barbara, entered the plea this week, according to Santa Barbara County District Attorney John T. Savrnoch.
On October 26, 2021, Burgher was driving his Toyota 4Runner for Uber Eats eastbound on Cathedral Oaks past Dara Road. He was traveling roughly 90mph in a 40mph zone, with a blood alcohol concentration of 0.16, twice the legal limit.
Burgher’s vehicle struck a Ford Mustang from behind sending that vehicle careening into a parked truck. The Ford Mustang was driven by Gilberto Arteaga, 40, with his passenger, Silvia Velasco, 45, who were both pronounced dead on scene after emergency personnel arrived.
“The dangers of drinking and driving are now notorious, and when the actions of an individual so egregiously endanger the public resulting in a death, our office will not hesitate to prosecute those perpetrators with murder. Thank you, California Highway Patrol, for their exceptional investigation and the Prosecution Team consisting of Michelle Mossembekker and Kevin Weichbrod for their tireless efforts in holding this individual accountable for this horrendous crime,” said Savrnoch.
Sentencing is set for June 13, 2024, in Department 1 in front of the Honorable Jean Dandona. Burgher is expected to be sentenced to 15 years to life in State Prison.
In a separate case, the family members of one of the victims filed a lawsuit last year in the San Francisco Superior Court against the ride-share company Uber as Burgher was driving for the company during the time of the crash.
The civil action filed against Uber and its affiliated companies asserts that Burgher was using the Uber app or the Uber Eats app at the time of the crash and the company failed to vet and train the driver.
The lawsuit also names Burgher, Portier LLC (an Uber subsidiary managing delivery services), and Checkr Inc. (a company providing driver-background checks) as defendants.
The plaintiffs are Richard Velasco (Silvia Velasco’s husband), their children, and other family members, who are seeking monetary damages for wrongful death, negligence, negligent hiring and supervision of an employee, and alleged wrongful acts by the defendants.
According to the lawsuit, Uber and Portier are accused of failing to obtain information about Burgher’s previous DUI convictions, inadequately training him as a driver, and providing insufficient supervision. The suit further alleges that Burgher’s prior DUI history was either not obtained or not provided by Checkr to Uber or Portier.
All defendants cited in the lawsuit have filed responses, asserting multiple affirmative defenses, including statute of limitations and lack of proper standing, while also placing responsibility on other entities for any injuries. Uber has additionally filed unsuccessful motions seeking a change of venue from San Francisco to Santa Barbara County Superior Court, citing the convenience of witnesses and the interests of justice. The plaintiffs have opposed the change of venue.
The trial for the civil case is scheduled to commence on May 12, 2025.
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