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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