BURLINGTON — A Shelburne police sergeant has pleaded guilty to a reduced charge that will allow him to avoid jail time for driving on-duty in his cruiser into and killing a cyclist. Prosecutors say he was driving faster than the posted speed limit.
Kyle Kapitanski, 42, entered the guilty plea Thursday morning in Chittenden County Superior criminal court in Burlington to a misdemeanor charge of negligent operation with death resulting in the November crash that killed 38-year-old Sean Hayes of Burlington.
Kapitanski was sentenced as part of the plea deal with prosecutors to six to 12 months in jail, all suspended. In addition, he was ordered to serve two years on probation and during that time he will be required to participate in a reparative justice program.
According to the court documents, Kapitanski was behind the wheel of a Shelburne Ford Explorer cruiser early on the morning of Nov. 11, 2024, when he struck and killed Hayes on Shelburne Road in South Burlington.
Kapitanski had initially been charged with a felony offense of grossly negligent operation of a motor vehicle with death resulting. That charge carries a possible penalty of up to 15 years in prison, if convicted.
Vermont State Police investigators who led the probe into the incident alleged in an initial affidavit that Kapitanski was driving his Shelburne Ford Explorer cruiser about 40 to 45 mph in a 35 mph zone on Shelburne Road near an intersection with Fayette Drive when the crash occurred.
Leading up to the crash, the affidavit stated, Kapitanski had YouTube videos playing on a computer tablet mounted in his cruiser. A review of that device showed “several” YouTube web addresses accessed between 2:29 a.m. and 2:40 a.m, the court document stated.
Also, the review by investigators stated there was “no evidence of user interaction” with the device during that time period. The crash took place at about 2:40 a.m.
The investigator’s review found that the last web browser video “appeared visually consistent” with what was shown on Kapitanski’s body-worn camera, the affidavit stated.
A link to the last video was provided in the filing and it was titled, “Trans woman CONFRONTING Matt Walsh takes UNEXPECTED turn.”
David Sleigh, an attorney representing Kapitanski, contended there was no proof his client was distracted while driving by videos.
The misdemeanor charge Kapitanski pleaded guilty to was based on Kapitanski’s speed above the posted limit, according to the prosecution.
State police said the roadway where the crash took place was wet at the time of the crash from rain.
Hayes had been seen in a video taken from a nearby business standing within the roadway but near the curb with his bicycle that had been towing a trailer, according to court documents.
A police affidavit also stated it appeared Hayes was adjusting the bicycle and trailer before he started walking southbound along with the bicycle when Kapitanski’s cruiser struck him.
Hayes’ estate has brought a civil lawsuit against the town of Shelburne in connection with the fatal crash.
Kapitanski was placed on paid leave following the crash from his job with the Shelburne Police Department. His status with the police department was not immediately clear Thursday.
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