A Shelburne police sergeant who struck and killed a bicyclist while on duty last year will avoid prison time after taking a plea deal that involves a reduced charge.
Kyle Kapitanski, 42, pleaded guilty on Thursday to negligent operation of a vehicle with death resulting, in exchange for a sentence that includes two years of probation and a requirement to complete a restorative justice process. He could spend up to 12 months behind bars if he fails to comply.
State prosecutors had initially charged Kapitanski with grossly negligent driving, a felony that carries a potential 15-year prison sentence, for slamming into Sean Hayes with his police cruiser as the cyclist stood along the edge of Shelburne Road around 2:30 a.m. in November 2024.
The officer had just stopped at a convenience store in South Burlington and was driving south toward Shelburne during a rainstorm when he came upon Hayes near an intersection. Hayes was towing a loaded bicycle trailer, but had pulled next to the curb and dismounted to examine his equipment. Kapitanski, who was driving between 40 and 45 miles per hour, did not hit the brakes before striking Hayes, investigators determined. He told first responders that the cyclist had appeared “out of nowhere,” a Vermont State Police investigator wrote in an affidavit.
Investigators also determined that Kapitanski was playing YouTube videos through a laptop in his cruiser at the time of the crash. The video clip playing in the seconds before Kapitanski struck Hayes was attributed to an account called “MASCULINISM” and depicted an exchange about gender identity involving anti-trans commentator and author Matt Walsh.
Prosecutors with the Chittenden County State’s Attorney’s Office, which filed the initial felony charge, said the presence of the YouTube video in the driver’s line of sight, coupled with the fact that Kapitanski was driving five to 10 miles above the 35 mph speed limit, amounted to gross negligence.
At Thursday’s hearing, attorney Matthew Dolezal, a state traffic safety resource prosecutor, emphasized a potential weakness in the state’s case. A Vermont State Police crash reconstruction expert had concluded that, given the circumstances of the wreck, anyone who was driving 40 to 45 miles per hour would have collided with Hayes.
In other words: The state could have trouble demonstrating that Kapitanski’s decision to stream YouTube while driving is the reason he killed Hayes.
“The state is confident that at trial we could prove beyond a reasonable doubt the defendant’s driving constituted gross negligence,” Dolezal said. “However, proving causation — that Shawn’s death directly resulted from that gross negligence — presents a substantial risk.
Dolezal told Vermont Superior Court Judge Tim Doherty that Hayes’ family supported the plea deal “for the certainty of a guilty verdict.”
“It brings them closer to closure without the emotional toll of trial,” he said.
Hayes’ family members filled the Burlington courtroom. A victim’s advocate read aloud an impact statement from Hayes’ mother, Donna, in which she described his death as an “immeasurable loss.”
Hayes dreamed of being a police officer, his mother wrote, “following the footsteps of his grandfather.” He was recruited to play college hockey but a “life-altering injury” prevented him from finishing his degree.
“He was an honorable man who faced every challenge with strength and determination above all else,” the victim’s advocate told the court.
Kapitanski did not make a statement during the hearing and declined comment afterward. His attorney, David Sleigh, told the judge that his client accepted responsibility for his actions and noted that simple negligence while driving, in some jurisdictions outside Vermont, would not be considered a criminal matter.
Sleigh said Kapitanski, who served as police chief in Richmond before he transferred to the Shelburne force, had a long career in law enforcement. “This action probably brings that career to an end,” Sleigh said.
Kapitanski has been on administrative leave since the November 2024 crash. Shelburne Town Manager Matt Lawless said he needs to review the latest court records before determining next steps for the town’s internal investigation.
Hayes’ family has separately sued the town for civil negligence. That case is ongoing.
