Sergeant Kyle Kapitanski, age 41, faces a felony charge of grossly negligent operation resulting in death. This charge has been reported by multiple news outlets, including NBC affiliate WPTZ and VTDigger. The severity of this charge reflects the serious implications of his alleged actions, as it highlights the potential consequences when law enforcement officers fail to maintain their duty of care while on duty.

The personal bodycam footage reviewed by investigators appears to provide critical insights into the events leading up to the accident, which occurred on November 11, 2024, and resulted in the tragic death of Sean Hayes, a 38-year-old bicyclist from South Burlington. This footage could play a significant role in determining the course of the legal proceedings, as it holds valuable information regarding the actions of Sergeant Kapitanski just moments before the incident.

At approximately 2:40 a.m. on the day of the incident, Kapitanski called dispatch to report that he may have struck something, indicating it might have been a person. An autopsy later revealed that Hayes succumbed to blunt force trauma to the head, as reported by WPTZ. This tragic outcome raises serious questions about the responsibilities of law enforcement officers while operating their vehicles, especially in a professional capacity.

While the officer’s body camera and the cruiser’s dash cam did not capture the actual collision, the bodycam footage does provide some insights into the moments following the crash, as outlined in the report. However, surveillance footage from a nearby business did capture the incident, potentially offering additional evidence to support the investigation.

In the recorded bodycam footage, investigators observed that YouTube was playing on Kapitanski’s department-issued tablet at the time of impact. Following the accident, the footage shows the sergeant’s hand adjusting the tablet’s display back to a computer-aided dispatch screen, which raises further questions about his attentiveness while driving.

The state’s technological investigation unit confirmed that the tablet had been streaming YouTube content from 2:29 a.m. to 2:40 a.m., shortly after the accident occurred. Investigators noted access to multiple YouTube URLs, although they also stated there was “no evidence of user interaction” during this time frame. This lack of interaction could be pivotal in determining the culpability of the sergeant in this tragic case.

Prior to the incident, Kapitanski had stopped at a convenience store. Court filings indicate that the last video he viewed was titled, “Trans woman CONFRONTING Matt Walsh takes UNEXPECTED turn.” This detail is significant as it provides context to the officer’s state of mind and potential distractions that could have contributed to the fatal accident.

The documentation also reveals that Kapitanski was driving at a speed of five miles per hour over the posted limit, clocking in at 40 mph in a 35 mph zone. This slight overage could be interpreted as a factor in the accident, leading to further examination of his driving behavior during the incident.

According to the crash reconstruction report, it was suggested that the collision could have been avoided had Kapitanski adhered to the speed limit. This assertion was made by Detective Sergeant Steven Gelder in the charging documents that were made public this week, emphasizing the critical nature of following traffic regulations while operating a police vehicle.

The report also indicated a significant delay in applying the brakes after the impact, measured to be approximately 85 feet. This delay raises alarm bells regarding the officer’s response time and focus, further complicating the circumstances surrounding the tragic event.

In Kapitanski’s preliminary crash report, he stated that Hayes “came out of nowhere” and described the victim’s clothing as “inconspicuous.” He also noted that the bicycle and trailer had no reflective materials or lights, which could have contributed to the visibility issues leading up to the accident. This detail underscores the importance of visibility for cyclists on the road, especially at nighttime.

Surveillance footage from a nearby business captured Hayes standing “across the roadway but near the curb” just moments before the crash occurred. This video evidence may prove crucial in understanding the dynamics of the collision and the actions of both the officer and the victim leading up to the tragic event.

In his supporting statement, Gelder noted, “It appeared that Hayes was in the process of adjusting the bicycle and trailer and then began walking southbound alongside the bicycle when he was struck.” This observation could provide important context regarding the victim’s actions just prior to the collision, potentially influencing the legal outcomes of the case.

Kapitanski’s attorney, David Sleight, announced on Friday that he has filed a motion to have the charges reviewed and dismissed, arguing that it cannot be proven that his client was grossly negligent due to factors like speed and distraction. This legal maneuver reflects the complexities of defending an officer in such high-stakes situations.

Sleight emphasized the determination that there was “no evidence of user interaction” with the YouTube feed during the 11 minutes prior to the crash as supporting evidence for his claim. He argued that there is no indication Kapitanski interacted with the device at all after leaving the convenience store, which could be key in defending against the charges.

“It appears they are alleging that there was some momentary inattention, not a reckless failure to observe a known threat,” he explained to CBS affiliate WCAX. This distinction is crucial, as it delineates between felony and misdemeanor charges. “They do not make any allegation that he was watching the screen or was otherwise distracted. It seems the best they can do is a misdemeanor simple negligence allegation.”

Chittenden County State’s Attorney Sarah George stated in an email received by VTDigger that her office will “stand by our decision to file that charge.” This statement underscores the prosecution’s commitment to holding law enforcement accountable for their actions and the serious implications of this case.

Kapitanski is scheduled to appear in court for his arraignment on Thursday. If convicted, he faces a potential sentence of up to 15 years in prison. He is currently on leave from the Shelburne Police Department, highlighting the serious ramifications this incident has had on his career and personal life.