Sean Hayes Obituary, Death;- Investigators are examining the case of a Vermont officer accused of fatally striking a bicyclist, suggesting that the officer may have been distracted at the time of the incident. Footage acquired by WCAX captures Shelburne Police Sgt. Kyle Kapitanski colliding with cyclist Sean Hayes on Shelburne Road in November. Hayes, aged 38, was maneuvering a bicycle with a trailer attached when the police vehicle struck him from behind.
According to documents obtained by WCAX, investigators indicate that Kapitanski was exceeding the speed limit and had a YouTube video playing on his in-car tablet just prior to the collision. The affidavit highlights footage from Kapitanski’s body camera, which reveals a YouTube video active on the mounted tablet in his vehicle. Following the impact, investigators noted that his hand was seen adjusting the screen to access a police information program called Valcour.
In response to the affidavit, defense attorney David Sleigh has requested the court to reassess its determination of probable cause, arguing that the evidence does not support the charges brought against Kapitanski.
“It appears they are suggesting a brief lapse in attention rather than a reckless disregard for a known risk,” Sleigh stated. He emphasized that this distinction is crucial, as it differentiates a felony from a misdemeanor. The documentation indicates that Kapitanski made a stop at a convenience store just five minutes before the incident, and Sleigh contends that there is no evidence to suggest he interacted with the tablet after departing. Consequently, he is advocating for the dismissal of the felony charge.
“They do not assert that he was actively watching the screen or was otherwise distracted. It seems their strongest claim is one of simple negligence, which would be a misdemeanor,” Sleigh remarked. Kapitanski is scheduled to appear in court on Thursday for his arraignment. If found guilty of gross negligence, he could face a maximum sentence of 15 years in prison.
