US police officer who ran over and killed cyclist as he watched YouTube video at the wheel could face 15 years’ jail

A Vermont police officer who ran over and killed a cyclist while watching a YouTube video on his in-cruiser tablet and driving five miles over the speed limit could be facing 15 years in prison.

Shocking footage of the incident shared by Channel 3 WCAX shows 38-year-old cyclist Sean Hayes dismounting from bike which was attached with a trailer, and walking on the side of a road in South Burlington, Vermont, in the early hours of 11 November 2024, when Shelburne Police Sergeant Kyle Kapitanski comes at speed and runs him over.

While a previous investigation last month only resulted in a citation for Kapitanski, the CCTV footage led to public outrage, which resulted in another investigation. As a result, new documents have been filed in the criminal case, which show that the police now believe that speed and distraction were factors in the crash.

Detective Sgt. Steven Gelder of the Vermont State Police wrote in the charging document made public last week that Kapitanski, who was leaving a convenience store and driving his cruiser south on Shelburne Road around 2:40 a.m., called dispatch reporting that he had hit something, “possibly a person.”

His body camera shows the tablet mounted inside his cruiser playing a YouTube video titled ‘Trans woman confronting Matt Walsh takes unexpected turn’, featuring American right-wing influencer Matt Walsh.

“Within the body-worn camera’s recording,” Gelder wrote, “Kapitanski’s hand can be seen changing the tablet’s display screen, after the collision, from the YouTube website to Valcour which is a computer-aided dispatch (CAD) screen.” 

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According to the affidavit, a review of the state police’s technology investigation unit confirmed not only was YouTube footage was visible on the tablet from 2:29 am to 2:40 am, but also that “several Youtube” web addresses were accessed during this time frame.

Kapitanski was also reported to be driving at around 40mph at the time of the crash, five miles per hour above the 35mph speed limit. Gelder added: “The crash reconstruction report states the crash likely could have been avoided if Kapitanski was travelling at the speed limit.

“The report also states that there was a delay when the brakes were activated after the crash. This delay was measured to be approximately 85 feet. The analysis of the tablet was found to be playing a YouTube video for nearly 10 seconds prior to the collision.” 

Sean Hayes (credit: Nicole Parente on GoFundMe.com)

A member of the South Burlington Fire Department, who evaluated Kapitanski after the crash, recounted Kapitanski saying that Hayes “came out of nowhere.” 

Hayes was pronounced dead just moments after the crash. His family has set up a fundraiser for his funeral, which reads: “Sean was killed recently while riding his bicycle by an on-duty police officer. He was only 38 years old and leaves behind two young, beautiful daughters, Lola and Lily.

“Sean was full of life, laughter, and kindness. He would do anything for anybody that needed help. He is survived by his daughters, mom (Donna Hayes), dad (Steve Hayes), two sisters, Brenna and McKenna Hayes, and a brother, Connor Hayes. He also has many aunts, uncles, cousins, and friends that loved him very much.”

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Kapitanski is set to be arraigned in Chittenden County Superior criminal court, Burlington tomorrow on a charge of grossly negligent operation with death resulting, and could be facing 15 years in prison. As of now, he remains on leave from the Shelburne Police Department.

However, defence attorney David Sleigh has asked the court to review its finding of probable cause, stating the evidence presented does not constitute the charge. He said: “It seems to me what they’re alleging is that there was some momentary inattention, not a reckless failure to observe known risk.”

This distinction could prove to be the difference between a felony and a misdemeanour, Sleigh said. He added that while Kapitansky stopped at a convenience store five minutes before the crash, there’s no evidence that shows that he ever interacted with the tablet after leaving.

“They don’t make any allegation that he was watching the screen or was otherwise distracted. It appears the best they can do is a misdemeanour, simple negligence allegation,” he told WCAX.

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In November, a cyclist from Oregon, USA, was charged $1,800 to be taken to the hospital after the driver of the ambulance hit him and smashed his bike, leaving him with a broken nose and bruises all over his body.

The 71-year-old cyclist ended up filing a lawsuit against the ambulance services worth almost a million dollars, after racking up a total of about $47,000 for treatment of his injuries, with another additional $50,000 in medical costs expected as well.