Shelburne Cop Who Fatally Struck Cyclist Cited With Felony

Authorities are seeking to bring felony charges against a Shelburne police sergeant who struck and killed a cyclist while driving his police cruiser last November.

Vermont State Police cited Sgt. Kyle Kapitanski on Thursday at the direction of Chittenden County State’s Attorney Sarah George, her agency announced in a press release. Kapitanski, 41, is accused of gross negligent operation of a vehicle with death resulting.

Sean P. Hayes, a 38-year-old Burlington man, was struck along Shelburne Road around 3 a.m. on a rainy night. Hayes was pulling a bicycle trailer just south of the intersection with Fayette Drive when Kapitanski, who was on duty, struck him in the southbound lane.

The felony charge carries a maximum prison term of 15 years and a $15,000 fine.

Vermont State Police said the citation followed an “extensive investigation” by the agency and a monthlong review by George’s office.

Kapitanski’s attorney, David Sleigh, said Vermont State Police have not given him a copy of the accident report, so he could not comment on the charge.

“I don’t know what their theory of negligence is,” he said.

Kapitanski assented to an interview with state police detectives during their investigation, Sleigh said.

Shelburne police placed Kapitanski on administrative leave following the crash. Chief Michael Thomas did not immediately respond to a request for comment Thursday evening regarding Kapitanski’s status.

Police have offered very few details about the crash, and Thursday’s announcement did not include new information about the investigators’ findings. Kapitanski will make his first appearance in state court on March 13. A police affidavit outlining the evidence will be made public if a judge concludes that probable cause exists to justify the charge.

Hayes’ family has already filed a civil wrongful death lawsuit against the Town of Shelburne. The family’s attorney, Brooks McArthur, told Seven Days last month that he had obtained surveillance video of the crash showing that Hayes had stepped off his bicycle and was standing on the very edge of the pavement when Kapitanski struck him. McArthur declined to share the video with Seven Days at the time.

“This is absolutely not the kind of case where he walked into the middle of the road or caused this accident himself,” McArthur said.

“There was really no reason for this collision to have occurred if the operator of the vehicle was paying attention,” he said.

Hayes was the sixth cyclist or pedestrian to die along Route 7 since 2020, Seven Days previously reported. Transportation activists created a memorial to Hayes at the site of the crash and have demanded that public officials take steps to improve safety along the thoroughfare.

State officials, meanwhile, said that “unsafe or erratic behavior” by cyclists or pedestrians had caused all but one of 10 recent serious crashes on the road involving such users.

That was not the case in Hayes’ death, the county prosecutor appears to have concluded.