By Michael Donoghue, Vermont News First
Chittenden County State’s Attorney Sarah George has decided that a veteran Shelburne Police officer should be charged with gross negligent operation for a fatal nighttime crash involving his cruiser and a bicyclist.
Shelburne Sgt. Kyle Kapitanski, who has been on paid leave since the crash three months ago in South Burlington, is due in Vermont Superior Court on March 13.
Veteran defense lawyer David Sleigh of St. Johnsbury, who represents Kapitanski, 41, accepted the court citation on behalf of his client on Thursday.
Sleigh, in a phone interview with Vermont News First, said he had no idea what the alleged negligent operation might involve.
He said he asked Vermont State Police for a copy of their accident report that they provided to George. Instead, a Vermont State Police lieutenant provided him only the court citation, Sleigh said.
A state police news release about the filing of the felony charge provides no basis for the court case.
George’s decision comes one month after she was provided an elaborate investigative report compiled by members of the state police Crash Reconstruction Team and the detective bureau, police said.
The estate of Sean P. Hayes, 38, of Burlington, who was killed in the Nov. 11, 2024 crash, filed a civil lawsuit against the town of Shelburne in January. Kapitanski was not named as a defendant in the wrongful death lawsuit filed by Burlington lawyer Brooks McArthur.
Hayes had stopped on the side of Shelburne Road near Fayette Drive about 2:45 a.m. and had no lights or reflectors on his bicycle, or reportedly did not wear any reflective gear, officials have said.
Sgt. Kapitanski was southbound and headed back toward Shelburne when his cruiser struck Hayes and the bicycle that was towing a trailer, Vermont State Police have said. Nobody has said why Kapitanski was in neighboring South Burlington.
The civil lawsuit maintains Kapitanski kept driving a short distance on the four-lane highway after the collision, but gives no indication of how many feet.
According to state police, the road was wet and it was raining at the time of the fatal accident.
Shelburne Town Manager Matt Lawless told Vermont News First in January when the lawsuit was filed that he also was waiting for the state police report.
Kapitanski is a 22-year police veteran. Kapitanski, 41, joined Shelburne police during the summer 2022, after previously serving as police chief in Richmond for one year.
Shelburne town employees, including off-duty police, said they learned about the crash through the media.
The fully marked Shelburne Police cruiser sustained front passenger side damage.
State police impounded the 2021 Ford Explorer police SUV so a full data download could be undertaken, police said.
Hayes was a Burlington native and lived there most of his life. He was a 2004 graduate of Burlington High and attended Becker College in Massachusetts.
The Vermont Probate Court in Chittenden County named his sister, Brenna H. Lassiter of John’s Island, S.C. as the administrator of the estate, which filed the lawsuit.
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