Sergeant Was Playing YouTube and Speeding at Time of Fatal Crash with Cyclist: Police

Shelburne Police Sergeant Kyle Kapitanski, 41, has been charged with a felony count of grossly negligent operation with death resulting, as detailed by multiple outlets including NBC affiliate WPTZ and VTDigger.

His own bodycam footage appeared to tell much of the story, per the supporting documents reviewed by the news outlet, of the November 11, 2024 incident that took the life of 38-year-old Sean Hayes in South Burlington.

Kapitanski called dispatch at around 2:40 a.m. on the day of the accident, reporting he had hit something, "possibly a person." An autopsy determined that Hayes died of blunt force trauma to the head, per WPTZ.

While neither his body camera or the cruiser's dash cam captured the crash itself, the bodycam footage did show some "post-collision" events per the report. Surveillance footage from a nearby business, however, did capture the event.

In Kapitanski's bodycam footage, investigators noted YouTube playing on Kapitanski's department-issued tablet at the time of impact. After the accident, wrote investigators, "Kapitanski’s hand can be seen changing the tablet’s display screen" back to Valcour, described as a computer-aided dispatch screen.

The state's tech investigation unit determined the tablet had been playing the YouTube footage from 2:29 a.m. to 2:40 a.m., just after the accident, with "several YouTube" addresses accessed -- though they added there was also "no evidence of user interaction."

Kapitanski reportedly had stopped at a convenience store just before this. The last video viewed, per the filing, was entitled, "Trans woman CONFRONTING Matt Walsh takes UNEXPECTED turn."

The documents also states Kapitanski was traveling five miles per hour above the posted speed limit, or going 40 in a 35.

"The crash reconstruction report states the crash likely could have been avoided if Kapitanski was traveling at the speed limit," wrote Detective Sergeant Steven Gelder in the charging documents made public this week.

It also states there was a delay after impact before the brakes were activated, "measured to be approximately 85 feet."

According to Kapitanski's initial crash report reviewed by investigators, Hayes "came out of nowhere" and was wearing "inconspicuous" clothing. He also detailed the victim's bicycle and trailer as having no "reflective material" or lights.

The surveillance footage from a nearby business shows Hayes standing "within the roadway but near the curb" moments before impact.

In his supporting statement, Gelder wrote, "It appeared that Hayes was in the process of adjusting the bicycling and trailer and then began walking southbound adjacent with the bicycle when he was struck."

Kapitanski's attorney David Sleight said on Friday that he filed a motion to have the charge reviewed and dismissed, saying it can't be proven his client was grossly negligent due to speed and distraction.

Sleight latched onto the determination that there "no evidence of user interaction" with the YouTube feed during the 11 minutes preceding the crash as supporting evidence to his claim. He said there is no indication Kapitanski interacted with the device at all after the convenience store.

"It seems to me that they’re alleging that there was some momentary inattention, not a reckless failure to observe a known risk," he told CBS affiliate WCAX, explaining that this distinction is the difference between a felony and misdemeanor. "They don't make any allegation that he was watching the screen or was otherwise distracted. It appears the best they can do is a misdemeanor simple negligence allegation."

Chittenden County State’s Attorney Sarah George said in an email received by VTDigger that her office will "stand by our decision to file that charge."

Kapitanski is expected to make his first appearance in court on Thursday for his arraignment. He could face up to 15 years in prison if convicted. He is currently on leave from the Shelburne Police Department.