A Shelburne police officer pleaded guilty on Thursday to fatally striking a bicyclist with his cruiser last year.
During the hearing at Chittenden County criminal courthouse, Sgt. Kyle Kapitanski pleaded guilty to negligent operation of a vehicle with death resulting, a misdemeanor charge. He’d initially been charged with a felony that could have landed him in prison for up to 15 years.
Kapitanski is unlikely to face any prison time as a result of his guilty plea. Judge Timothy Doherty sentenced him to six to 12 months, all suspended, meaning he won’t go to prison unless he violates his probation. The two-year probation requires that Kapitanski complete a restorative justice program.
“Through the restorative justice panel, the defendant must fully acknowledge how this negligent driving caused Sean Hayes’ death and eroded the community's trust in law enforcement,” said Deputy State’s Attorney Matthew Dolezal during the hearing.
The fatal accident occurred on Nov. 11, 2024, while Kapitanski was on duty. According to state police, Kapitanski was driving south on Shelburne Road near Fayette Drive in South Burlington around 2:40 a.m. when he struck and killed Hayes.
Hayes, 38, had stopped his bike near the curb and was adjusting the trailer he was towing, according to video footage described in a police affidavit. Hayes was walking next to his bike when Kapitanski hit him, the affidavit says.
Kapitanski was going five miles above the 35 mph speed limit, and didn’t apply his brakes before hitting Hayes, the police report says. Kapitanski also had a YouTube video playing on a tablet at the front of his cruiser at the time of the crash, according to the state police investigation. Kapitanski’s lawyer has argued that prosecutors lacked evidence that he was watching the video when he struck Hayes, according to Seven Days.
Dolezal said Thursday that if the case had gone to trial the state would have shown Kapitanski’s excess speed caused the fatal crash. And he said while the state believed they could have proven that Kapitanski’s driving constituted gross negligence, a more serious charge, it would have been difficult to prove that Hayes’ death was the direct result of that gross negligence.
Dolezal told the court that the state’s crash reconstruction team report included calculations that, given Hayes’ lack of visibility and Kapitanski’s speed, the crash could not have been avoided.
“While we disagree with that premise, it would require us to challenge our expert, complicating our case,” Dolezal said. ”Sean’s family, the surviving victims here, support this plea for the certainty of a guilty verdict. It brings them closer closure without the emotional toll of trial.”
Hayes’ family and friends, including his parents, filled the courtroom during Thursday’s hearing. Before the sentencing, the state’s victim advocate read a statement from Hayes’ mother.
In her statement, Donna Hayes said Sean, the oldest of her four children, had a kind heart, was a natural athlete and was a devoted father to his daughters. She called the emotional toll of losing her son “immeasurable.”
“There was no last hug, no final ‘I love you,’” the victim advocate said, reading from Donna’s statement. “Instead, my last memory of my vibrant, beautiful son is seeing him at the funeral home.”
Kapitanski declined to address the court and didn’t offer any public statements after the hearing. His lawyer, David Sleigh, told the court that he expects his client will comply with his probation conditions.
“He’s served his community as a law enforcement officer for a long time, this tragedy probably brings that career to an end,” Sleigh said.
Kapitanski, who has worked in law enforcement for more than two decades, was Richmond’s police chief before joining the Shelburne Police Department in July 2022. He was placed on administrative leave after the accident. Shelburne Town Manager Matthew Lawless, in a phone interview on Thursday, said Kapitanski is still on leave.
“The town will review formal court records once they're available to conclude our internal investigation and take all appropriate action,” Lawless said.
Hayes’ family has filed a wrongful death lawsuit against the town of Shelburne. That case is still pending. Brooks McArthur, the family’s attorney, declined to comment after the hearing.
