EXCLUSIVE: Shelburne Police Sergeant to Change Plea in Fatal On-Duty Crash

BURLINGTON, VT — Shelburne Police Sgt. Kyle T. Kapitanski, 42, is expected to withdraw his not guilty plea and accept a misdemeanor plea deal in connection with a fatal on-duty cruiser-bicycle crash that killed Sean P. Hayes, 38, of Burlington, on November 11, 2024.

According to court records, Kapitanski will appear Thursday at the Edward J. Costello Courthouse for a change-of-plea hearing, where he will plead guilty to negligent operation with death resulting. The original charge was felony gross negligent operation with death resulting.

Plea Deal Details

No jail time is proposed under the agreement.
Kapitanski would serve state probation for a few years.
He is pleading guilty, not no contest — which may impact potential civil litigation.

Crash Background

The fatal crash occurred around 2:40 a.m. on Shelburne Road in South Burlington.
Kapitanski struck Hayes, who was walking his bicycle towing a large trailer, near a trash receptacle in poor visibility conditions.
Conditions: Wet road, light rain; Hayes wore dark, non-reflective clothing.
Crash reconstruction concluded Kapitanski failed to safely pass a vulnerable road user, violating state traffic laws.

Investigation Findings

Kapitanski was traveling approximately 40 mph in a 35-mph zone.
No evidence of distraction from his cruiser tablet, which had a controversial video open, was found.
Kapitanski passed field sobriety and drug evaluations; no signs of impairment were noted.
Hayes had a history of mental health and substance use issues, and was known to be dumpster diving at night.

Other Key Points

Civil lawsuit filed by Hayes’ estate (against the town, not Kapitanski personally) remains pending.
Kapitanski has been on paid administrative leave since the incident.
His employment future with the Shelburne Police Department is unclear and may depend on the outcome of the plea hearing.
Kapitanski is a 23-year police veteran, with past service in multiple Vermont departments, including a prior post as police chief in Richmond.

EXCLUSIVE: Shelburne Police Sergeant to Change Plea in Fatal On-Duty Crash