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Shelburne Police Sergeant Kyle Kapitanski, 41, has been charged with a felony rely of grossly negligent operation with demise ensuing, as detailed by a lot of outlets along with NBC affiliate WPTZ and VTDigger.

His private bodycam footage appeared to tell plenty of the story, per the supporting paperwork reviewed by the data outlet, of the November 11, 2024 incident that took the lifetime of 38-year-old Sean Hayes in South Burlington.

Kapitanski known as dispatch at spherical 2:40 a.m. on the day of the accident, reporting he had hit one factor, “in all probability a person.” An autopsy determined that Hayes died of blunt drive trauma to the head, per WPTZ.

Whereas neither his physique digital digital camera or the cruiser’s dash cam captured the crash itself, the bodycam footage did current some “post-collision” events per the report. Surveillance footage from a close-by enterprise, however, did seize the event.

In Kapitanski’s bodycam footage, investigators well-known YouTube collaborating in on Kapitanski’s department-issued tablet on the time of impression. After the accident, wrote investigators, “Kapitanski’s hand could also be seen altering the tablet’s present show” once more to Valcour, described as a computer-aided dispatch show.

The state’s tech investigation unit determined the tablet had been collaborating within the YouTube footage from 2:29 a.m. to 2:40 a.m., merely after the accident, with “a lot of YouTube” addresses accessed — though they added there was moreover “no proof of shopper interaction.”

Kapitanski reportedly had stopped at a consolation retailer merely sooner than this. The ultimate video seen, per the submitting, was entitled, “Trans woman CONFRONTING Matt Walsh takes UNEXPECTED flip.”

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

“The crash reconstruction report states the crash seemingly might have been averted if Kapitanski was touring on the rate limit,” wrote Detective Sergeant Steven Gelder throughout the charging paperwork made public this week.

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

Consistent with Kapitanski’s preliminary crash report reviewed by investigators, Hayes “obtained right here out of nowhere” and was carrying “inconspicuous” garments. He moreover detailed the sufferer’s bicycle and trailer as having no “reflective supplies” or lights.

The surveillance footage from a close-by enterprise reveals Hayes standing “all through the roadway nevertheless near the curb” moments sooner than impression.

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

Kapitanski’s lawyer David Sleight said on Friday that he filed a motion to have the associated fee reviewed and dismissed, saying it might truly’t be confirmed his shopper was grossly negligent due to velocity and distraction.

Sleight latched onto the dedication that there “no proof of shopper interaction” with the YouTube feed in the middle of the 11 minutes earlier the crash as supporting proof to his declare. He said there isn’t a indication Kapitanski interacted with the machine the least bit after the consolation retailer.

“It seems to me that they’re alleging that there was some momentary inattention, not a reckless failure to take a look at a acknowledged risk,” he instructed CBS affiliate WCAX, explaining that this distinction is the excellence between a felony and misdemeanor. “They don’t make any allegation that he was watching the show or was in every other case distracted. It appears the best they’ll do is a misdemeanor simple negligence allegation.”

Chittenden County State’s Authorized skilled Sarah George said in an e mail acquired by VTDigger that her office will “stand by our option to file that price.”

Kapitanski is anticipated to make his first look in courtroom docket on Thursday for his arraignment. He might stand up to 15 years in jail if convicted. He’s at current on go away from the Shelburne Police Division.