Updated at 4:35 p.m.
BURLINGTON — A Shelburne police sergeant has pleaded guilty to a reduced charge that will allow him to avoid jail time for striking and killing a cyclist with his cruiser while on duty. 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.
As part of the plea deal with prosecutors, Kapitanski was sentenced 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 restorative justice program.
Judge Timothy Doherty, in accepting the plea agreement, called the case a “tragedy.”
The courtroom was full for Thursday’s hearing, with many of Hayes’ friends and family members in the gallery.
Hayes’ estate has also brought a civil lawsuit against the town of Shelburne in connection with the fatal crash.
According to court documents in the criminal case, Kapitanski was behind the wheel of a Shelburne Police Ford Explorer cruiser early on the morning of Nov. 11, 2024, when he struck and killed Hayes on Shelburne Road in South Burlington.
Kapitanski was initially 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 cruiser about 40 to 45 mph in a 35 mph zone 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.
The review by investigators also 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, Deputy State’s Attorney Matthew Dolezal, a prosecutor in the case who specializes in traffic offenses, said in court Thursday.
State police said the roadway where the crash took place was wet from rain at the time of the crash.
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.
Through the restorative justice process as outlined in the plea agreement, Dolezal said in court, Kapitanski “must fully acknowledge how his negligent driving caused Sean Hayes’ death and eroded the community’s trust in law enforcement.”
Dolezal added that Kapitanski’s possible return to working in law enforcement has “effectively” been prevented.
Sleigh, Kapitanski’s attorney, said in court it is unlikely his client will ever work in law enforcement again, telling the judge Thursday’s resolution of the criminal case “probably brings that career to an end.”
The Shelburne Police Department placed Kapitanski on paid leave following the crash.
Shelburne Town Manager Matthew Lawless said in a statement Thursday that Kapitanski remained on paid administrative leave. The town, Lawless added, “will review formal court records once they are available, to conclude our internal investigation and take all appropriate action.”
Kapitanski, offered the opportunity to address the court during Thursday’s hearing, declined.
Donna Hayes, Sean Hayes’ mother, wrote in a statement read in court Thursday by victim’s advocate Karen Burns about the impact the death of her son has had on her and his family.
“Our family was shattered that day and I was robbed of the chance to ever say goodbye to him,” Donna Hayes said in the statement.
She described her son as a person who was full of energy, and kind and generous toward others.
“His daughters were the absolute light of his life,” Donna Hayes said in the statement.
Donna Hayes also said in the statement that the loss of her son has led to sleepless nights and hindered her ability to focus.
“Most days I struggle to find a reason to even get out of bed,” she said, adding, “There was no last hug, no final I love you.”
