Judge rejects bid to toss felony for Shelburne police sergeant charged in fatal crash - VTDigger

BURLINGTON -- A Shelburne police sergeant, Kyle Kapitanski, faces felony charges after a fatal incident involving a cyclist, Sean Hayes, on November 11, 2024. Investigators allege that a YouTube video was playing in Kapitanski's cruiser at the time of the crash, which occurred on Shelburne Road in South Burlington. During a recent hearing in Chittenden County Superior Court, Kapitanski's attorney, David Sleigh, sought to dismiss the charges, arguing that there was no evidence his client was actively watching the video and that any negligence did not meet felony standards.

Judge David Fenster, however, ruled that there was enough evidence to support the felony charge of grossly negligent operation of a motor vehicle resulting in death. The judge noted that the prosecution had established probable cause in the case. Consequently, Kapitanski entered a not guilty plea, with prosecutors hinting that if convicted, he could face up to 15 years in prison.

On the morning of the crash, Kapitanski was allegedly driving at 40 mph in a 35 mph zone. Evidence indicates that YouTube videos were playing on a computer tablet mounted within the cruiser shortly before the incident, with records showing access to multiple video links just before the crash. Investigators further noted that the brakes of the cruiser were not activated until approximately 85 feet after the collision occurred.

Friends and family of the victim filled the courtroom, expressing their desire for accountability in the case. A civil lawsuit has also been filed against the town of Shelburne by Hayes' estate. Attorney Brooks McArthur stated outside the courtroom that the family is seeking justice, emphasizing the profound impact of Hayes' death on those close to him. McArthur voiced his belief that Kapitanski was distracted while driving.

Despite the serious nature of the charges, Kapitanski was released without bail or conditions after the hearing. He has been on paid leave from his position since the crash, as the legal process continues to unfold.