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By Michael Donoghue, Vermont News First
The Shelburne Police sergeant involved in an on-duty fatal cruiser-bicycle crash was believed to have been slightly over the speed limit and had YouTube music video displayed on his computer screen, according to Vermont State Police.
Yet there is no evidence in the state police crash report that Shelburne Sgt. Kyle T. Kapitanski did not have his eyes on Shelburne Road before he struck the bicyclist near Fayette Drive about 2:40 a.m. Nov. 11, 2024.
About 10 seconds of a YouTube video was captured after the crash on his body camera and showed a person with a microphone, police said. The screen later switched to a police information computer program known as Valcour.
Sean P. Hayes, 38, of Burlington was wearing dark clothes, and had no reflective items that would have helped illuminate his presence on the road, according to the crash report obtained by Vermont News First.
Hayes had dismounted his bicycle and appeared to be on the fog line when struck according to the evidence at the scene and video footage of nearby businesses, police said.
A headlamp to help illuminate the road in front of Hayes was found among the debris at the crash site, but it was not operating when seized, police said. A video camera of a nearby business seems to indicate the headlamp was working as Hayes passed by just before the crash, police wrote.
Hayes died from blunt force trauma, which included multiple skull fractures, the medical examiner said.
The police investigation, including a reenactment of the crash several days later at 2 a.m., indicates Kapitanski would not have seen Hayes due to the large trailer the bike was towing, according to Trooper Christopher Hein of the crash reconstruction team of the Vermont State Police.
The investigation, including nearby store video indicated the trailer, which had no reflective markings, was as tall as Hayes, Hein wrote. Because Hayes was off his bike, he is referred to as a “pedestrian” at times in the 12-page report.
The report estimates Kapitanski was driving southbound at about 40 miles per hour in a 35-mph zone. Kapitanski continued a short distance before stopping and reporting to a Shelburne dispatcher that he may have hit something.
“I was in a 50 on Shelburne Road,” using police jargon (10-50) for an accident.
“I’m not sure what I struck, it could have been a person. Can you get South Burlington PD headed?” Kapitanski said over the radio as he negotiates the first of two U-turns to make his way back to the scene, police said.
As he got to the crash site, he began to check the area and called for an ambulance when he spotted the body. South Burlington Police started the investigation, but called the VSP crash team to the scene to take the lead.
Chittenden County State’s Attorney Sarah George later directed state police to order Kapitanski into criminal court on March 13 to face a charge of gross negligent operation.
The state police made no recommendation and said they would leave it up to George.
It is unclear what George plans to rely on for the criminal charge. The crash report only mentions a possible civil violation for improper passing of a bicycle.
Hein said in his state police report that he believed the cause of the crash was Kapitanski “passing a vulnerable user, in this case a pedestrian or cyclist without care or due regard.”
The failure to slow and provide at least four feet of clearance is a civil violation that is punishable by at least a $200 fine, Hein wrote.
Phone messages left for defense lawyer David Sleigh of St. Johnsbury and Kapitanski were not returned.
While some local bicyclists since the crash are calling for improvements to Shelburne Road, Hein said he did not see any needed safety changes.
“No roadway improvements or signage suggestions are warranted at this time,” said Hein, who has been part of the VSP Crash Reconstruction Team for 6 years, including 4 years on a fulltime basis.
Yet, there appears to be blame for both sides to share in the state police report.
Questions about what both Kapitanski and Hayes were doing at that location also are partially answered in the police report.
Kapitanski, who was working the overnight shift, had gone to the nearby Jolley Convenience Store further north on Shelburne Road to buy a few items. There are no stores open overnight in Shelburne for police officers to access.
Hein said as Kapitanski headed south, his cruiser appeared to be traveling at the same speed as other vehicles in the area based on several video cameras in the area about 2:39 a.m..
Police said Kapitanski declined to provide a statement before the report was completed.
Hayes was captured diagonally crossing Shelburne Road about 2:36 a.m. “with what appears to be no reflective material or conspicuous clothing,” Hein noted.
Investigators learned from Hayes’ parents that it was not abnormal for their son to ride his bike during the same time as the crash (2:40 a.m.). They also reported their son “dumpster dived” during those same hours, police wrote.
The crash site was near a large, enclosed bus shelter with an oversized disposal barrel.
Hayes had sustained a traumatic brain injury while playing hockey in college and later things began to spiral downward, according to his parents, Donna and Steven Hayes.
They said their son started using alcohol regularly and eventually began experimenting with drugs, police wrote. He began staying at their home, but became verbally abusive to the point that he was kicked out of his parents’ house, they told police.
The crash report does not include any toxicology results for Hayes, which would have been standard during the autopsy. It may be included as part of the separate death investigation by two VSP detectives.
Kapitanski was given an alco-sensor test that showed no alcohol in his system. Officer Stephen Gragg, a Drug Recognition Expert from Essex Police, evaluated Kapitanski about 5 a.m. and found no impairment, the report said.
Hayes was a Burlington native and lived here most of his life, according to his obituary. It said he graduated from BHS in 2004 and attended Becker College in Massachusetts.
Kapitanski, 41, of Randolph remains on paid leave from the town of Shelburne. He is a 22-year police veteran with several departments, including a one-year stint as police chief in Richmond before Shelburne hired him in 2022.
George’s decision to charge Kapitanski came one month after state police provided her an elaborate investigative report compiled by members of the state police Crash Reconstruction Team and the detective bureau.
The estate of Sean Hayes 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.
Shelburne town employees, including off-duty police, said they learned about the crash through the media, not the department.
The fully marked Shelburne Police cruiser, a 2021 Ford Explorer SUV, sustained damage to the grill, headlight assembly and lower bumper, Hein reported. It was impounded so a full data download could be undertaken, police said.
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Categories: Public Safety
Riding bike at 2:30 AM, towing a large unlit carrier, no reflective gear on cyclist, guessing the bike was not hugging the curb.
Hope they look at this and toss any charges.
I commiserate with the cop, I find bicyclist dangerous to be on the road with in the best of circumstances.
Bikers share the roads with automobiles and trucks. Vehicles have requirements, safety inspections and insurance. It’s time to look at bikers and make sure at the very least, safety, such as lights and reflective equipment and clothing are utilized.
Without resorting to “blaming the victim”, I think we need to realize that it’s not always easy to define just who IS the victim. The police are not out all night joyriding…they have a job to do. Sometimes they need to take a run up the road to get some nourishment/coffee. Unfortunate that it was revealed that the officer had some distracting video playing on his display, but that potential distraction puts him in good company with many drivers on the road. It is more unfortunate that someone riding an improperly-lit bicycle was partially in the road, no matter the time of day. Any sane person riding a bicycle along Shelburne Road at that time of night should be using the sidewalk. Most of the pedestrian/bicycle fatalities along Shelburne Road for the last few years involved an intoxicated victim. The toxicology status of the deceased needs to be factored in to any decision to bring criminal charges.
Wearing dark clothes, no light or reflective gear and foggy. Some nerve on the part of Sarah George to prosecute.
Totally on brand for Ms George.
On duty police officer watching a YouTube music video while driving.
Working hard or hardly working? Either way, an unsuspecting citizen is dead.
Can’t listen to music while you are driving? Most of the music I listen to online has a video, I can’t turn off the video…….
It’s a tragedy, surely. Do we know the Cop was negligent? Are all cops bad?
Is there such thing as an accident? Or is that not possible?
Neil,
It’s reported that the music video was being watched on a screen that is used for police business. “The screen later switched to a police information computer program known as Valcour.”
Distracted driving is distracted driving and is entirely too prevalent in today’s world. Distracted driving is a choice not an accident. Cops should know better.
Let’s stop making excuses.
Was watching or listening? not making excuses, realizing we may not have all the facts, innocent until proven guilty is not an excuse, it’s how our justice system is supposed to work. You are claiming the man is guilty without all the facts.
Most cars today have computer screens, for people to look at while driving. Distracted driving is a problem, surely.
You have also discounted that there could have been an accident, it is very popular to convict police officers in the court of public opinion. This is a tragedy, we should tread carefully and with full knowledge.
Police officers are, and should be held to a higher safety standard than the general public.
This man was on duty and being paid to operate a work vehicle in the interest of public safety. I see absolutely no reason for him to even be listening to or watching a music video on a screen that is designed for official use. Unacceptable personal behavior from someone entrusted with serving and protecting the public.
Considering the weather conditions his eyes should’ve been glued to the road. His needed speculation as to what he hit indicates his eyes were somewhere else.
It would be nice in a perfect world, to have perfect people all the time, surely.
Great reporting btw….many details, many more details need to be found. Excellent reporting….kudos, excellent willingness to publish also, thank you Guy!
thanks Neil
Thinking about what has happened here. What is very easy to do, is to point out that somebody did something wrong, the bicyclist or the police officer. And this is true. It is true because none, none of us are perfect. We are imperfect. We are living in a broken, messed up world.
What keeps us from coming together, what keeps us fighting is the pride that I’m right. Well, we are right in that we are all sinners, but the hypocrisy is that many don’t see that we could be part of the problem, that we might possibly be wrong, not have all the facts, not know the plan, but only believe in the side we are trying to defend.
Until we can admit our flaws, until we submit to something that is perfect, we are destined to live a life of turmoil, without peace, without forgiveness, without love.
What is most accurate is that it’s a miracle that these things don’t happen more often. As a young man, it’s a miracle we make it past the age of 21.
It’s a tragic story on both sides, might we all have a bit of forgiveness and understanding that it could be us that is distracted or not distracted, that we could see through the fog or not, that we could try and solve our problems in ways that don’t help us or hurt us.
If anything, we should have great compassion and humility of what a tragic situation this is, to forgive (is different than the consequences), to understand this could very, very easily be us. Lord have mercy on us, I ask and pray in Jesus name. May the Holy Spirit guide us, comfort us and edify us in these turbulent times.