SOUTH BURLINGTON, Vt. (WCAX) – A Shelburne Police officer faced court on Thursday regarding a fatal crash involving a cyclist in November 2022.
According to authorities, Sean Hayes, 38, died at 2:30 a.m. on November 11 after being struck by a police cruiser on Shelburne Road. Investigators reported Hayes was adjusting his bicycle in the southbound lane when he was hit by Sgt. Kyle Kapitanski’s vehicle.
Kapitanski has been charged with gross negligent operation resulting in death, a felony that could lead to a 15-year sentence. He pleaded not guilty during the hearing.
Prosecutors stated that Kapitanski was exceeding the speed limit and was using his in-cruiser tablet to play a YouTube video just before the collision. They cited evidence of delayed braking nearly 85 feet after the impact.
Defensive counsel David Sleigh argued there is no proof Kapitanski was actively watching the video when the crash occurred, claiming momentary glance does not equate to gross negligence.
An investigation by the Vermont State Police crash reconstruction team concluded the collision could have been avoided had Kapitanski adhered to speed limits. The case will proceed to a jury trial for further examination of the evidence.
Sgt. Kapitanski remains on leave from the Shelburne Police Department and is currently out on bond.