Vermont police officer pleads not guilty in deadly crash
BURLINGTON, Vt. (WCAX) - The Vermont police officer accused in a fatal distracted driving case faced a judge on Thursday. The officer says the cyclist came out of nowhere, but investigators believe distraction and speed were causes in the deadly crash.
Investigators say Sean Hayes, 38, died just after 2:30 a.m. on Nov. 11 after being hit by the police cruiser. Surveillance cameras captured video as he appeared to adjust his bicycle and trailer in the southbound lane of Shelburne Road in South Burlington. Police say Hayes got off the bike, went on to the sidewalk and back onto the road close to the curb. That’s when investigators say Shelburne Police Sgt. Kyle Kapitanski hit Hayes, killing him.
“Accountability is the most important thing, and we hope at some point in time, Mr. Kapitanski stands up and admits that he caused this accident and caused Sean’s death,” said Brooks McArthur, the lawyer who represents the Hayes family in a separate civil case.
Kapitanski’s attorney, David Sleigh, entered a not guilty plea to a charge of gross negligent operation with death resulting, a felony charge that carries a sentence of up to fifteen years in jail.
Investigators say in the moments before impact, Kapitanski was driving over the speed limit and had a YouTube video playing on his in-cruiser tablet. Police listed this video as the last thing accessed on YouTube before the crash. In the moments following the crash, investigators say his hand can be seen changing the screen to a police information program known as Valcour.
Prosecutors argued that speed and distracted driving led to the crash.
“In addition to evidence that it was not until 85 feet later, nearly one-and-a-half seconds, that delayed braking occurred after impacting the victim, Mr. Hayes, the defendant turned off the YouTube video,” Deputy State’s Attorney Matthew Dolezal said.
But Sleigh countered that there is no proof Kapitanski was watching the video.
“Looking at the video momentarily would not constitute gross negligence,” Sleigh said.
McArthur disagreed.
“This is a two-lane southbound path of travel. He could have just moved over slightly. If he had moved over four feet, he would have avoided Sean. I don’t think there was any doubt he was watching that video when he struck Sean,” McArthur said.
Vermont Superior Court Judge David Fenster said it’s up to a jury to make that determination, and he affirmed the probable cause ruling.
“The question of whether or not he was glancing at the video or watching the video again is a question for the jury to decide once presented with all the evidence,” the judge said.
The Vermont State Police crash reconstruction team report determined the crash could have been avoided if Kapitanski was traveling at the speed limit.
Kapitanski was released on bond and remains on leave from the Shelburne Police Department.
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