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Shelburne Police Sergeant Kyle Kapitanski, 41, has been charged with a felony depend of grossly negligent operation with demise ensuing, as detailed by a number of shops together with NBC affiliate WPTZ and VTDigger.

His personal bodycam footage appeared to inform a lot of the story, per the supporting paperwork reviewed by the information outlet, of the November 11, 2024 incident that took the lifetime of 38-year-old Sean Hayes in South Burlington.

Kapitanski referred to as dispatch at round 2:40 a.m. on the day of the accident, reporting he had hit one thing, “probably an individual.” An post-mortem decided that Hayes died of blunt drive trauma to the pinnacle, per WPTZ.

Whereas neither his physique digital camera or the cruiser’s sprint cam captured the crash itself, the bodycam footage did present some “post-collision” occasions per the report. Surveillance footage from a close-by enterprise, nevertheless, did seize the occasion.

In Kapitanski’s bodycam footage, investigators famous YouTube taking part in on Kapitanski’s department-issued pill on the time of impression. After the accident, wrote investigators, “Kapitanski’s hand may be seen altering the pill’s show display” again to Valcour, described as a computer-aided dispatch display.

The state’s tech investigation unit decided the pill had been taking part in the YouTube footage from 2:29 a.m. to 2:40 a.m., simply after the accident, with “a number of YouTube” addresses accessed — although they added there was additionally “no proof of consumer interplay.”

Kapitanski reportedly had stopped at a comfort retailer simply earlier than this. The final video seen, per the submitting, was entitled, “Trans girl CONFRONTING Matt Walsh takes UNEXPECTED flip.”

The paperwork additionally states Kapitanski was touring 5 miles per hour above the posted velocity restrict, or going 40 in a 35.

“The crash reconstruction report states the crash seemingly may have been averted if Kapitanski was touring on the velocity restrict,” wrote Detective Sergeant Steven Gelder within the charging paperwork made public this week.

It additionally states there was a delay after impression earlier than the brakes had been activated, “measured to be roughly 85 toes.”

In keeping with Kapitanski’s preliminary crash report reviewed by investigators, Hayes “got here out of nowhere” and was carrying “inconspicuous” clothes. He additionally detailed the sufferer’s bicycle and trailer as having no “reflective materials” or lights.

The surveillance footage from a close-by enterprise exhibits Hayes standing “throughout the roadway however close to the curb” moments earlier than impression.

In his supporting assertion, Gelder wrote, “It appeared that Hayes was within the strategy of adjusting the bicycling and trailer after which started strolling southbound adjoining with the bicycle when he was struck.”

Kapitanski’s lawyer David Sleight stated on Friday that he filed a movement to have the cost reviewed and dismissed, saying it could actually’t be confirmed his consumer was grossly negligent because of velocity and distraction.

Sleight latched onto the dedication that there “no proof of consumer interplay” with the YouTube feed in the course of the 11 minutes previous the crash as supporting proof to his declare. He stated there isn’t a indication Kapitanski interacted with the machine in any respect after the comfort retailer.

“It appears to me that they’re alleging that there was some momentary inattention, not a reckless failure to look at a recognized threat,” he instructed CBS affiliate WCAX, explaining that this distinction is the distinction between a felony and misdemeanor. “They do not make any allegation that he was watching the display or was in any other case distracted. It seems the most effective they’ll do is a misdemeanor easy negligence allegation.”

Chittenden County State’s Legal professional Sarah George stated in an e mail acquired by VTDigger that her workplace will “stand by our choice to file that cost.”

Kapitanski is anticipated to make his first look in court docket on Thursday for his arraignment. He may withstand 15 years in jail if convicted. He’s at present on go away from the Shelburne Police Division.