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news
Shelburne Police cruiser (credit: Shelburne Police Department on Facebook)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.”
> Cyclist charged $1,800 for journey to hospital… in ambulance whose driver crashed into him
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.”
> Road rage driver arrested for firing shotgun at cyclists on US charity ride
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.
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.
Adwitiya joined road.cc in 2023 as a news writer after completing his masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Cymru, and also likes to write about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.
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37 comments
However, it's our own police who exert a more direct influence on our own survival:
Lancashire Constabulary thinks 1/3 of the 'recommended' clearance is good enough for cyclists- this is how that figure is justified
Same incident
And just to illustrate further how the example of cyclist-hostile police encourages terrifying close-passing and double white line crossing, this is Insignia DP14 FYM last night. He had already crossed over the full length of the single unbroken white line before crossing the double and then cutting in hard in front of me and braking as he approached the crest of the blind humped bridge which is immediately followed by a right bend. You see, in Lancashire 'taking the lane' usually doesn't work!
https://upride.cc/incident/dp14fym_insignia_closepassdwlcross/
If I lived there, I'd be asking how it is possible for youtube videos to be viewed on police equipment. That is almost as negligent as what the driver did.
Yes, that should obviously be impossible -- but making it so would have little effect. The main occupation of cops in most areas of this country is parking their cruiser way out in the back of the most disused parking lot they can find, and playing with their phone for an entire shift. Cyclists know this better than the rest of the citizens, because we tend to cut through some of those same lots and see the same cops in the same hidden back corners, day after day, doing naught but watching sketchy videos on their phones.
Point being, cops, much like children, cannot be left to their own devices -- literally.
"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."
Stop diverting attention... 'interaction' does not need to include physical interaction, it may be just visual. The evidence of interaction is him hitting someone at the side of the road, likely because he was not paying attention and looking where he was going, likely because he was distracted. It's either that or he was drunk or there's some other reason why he wasn't capable of driving safely - do tell us which?
"US police officer who ran over and killed cyclist as he watched YouTube video at the wheel could face 15 years’ jail"
UK version: Police officer who ran over and killed cyclist as he watched YouTube video at the wheel could face a written reprimand.
To be fair, that seems to have been the way this was headed until the video was splashed all over the media.
...or more likely:
Police officer who ran over and killed cyclist as he watched YouTube video at the wheel will now be investigated by fellow police officers who will ensure that any outcome doesn't affect his career or pension.
...or more likely:
Police officer who ran over and killed cyclist as he watched YouTube video at the wheel will now be investigated by fellow police officers who will ensure that any outcome doesn't affect his career or pension
Too right! Met. officers tried very hard to cover up for Carrick and Couzens, and their good offices were only frustrated by the further crimes committed by the officers which were even more difficult to ignore. The Hillsborough cover-ups are only the latest indication that the 'legal duty of candour' is going to have a hard time of it in the face of generations of entrenched bent coppers. You will not be surprised to read that there has been no response whatsoever to the report of this <50 cms close pass by Lancashire Constabulary:
https://upride.cc/incident/kn21axh_lancspolice_closepass/
(see photos below)
"[...] there was some momentary inattention, not a reckless failure to observe known risk.”
The video shows Mr Hayes in the same place for >13 seconds before being hit. (He was there longer but we don't know how much longer from this clip). Clearly it was not momentary inattention that caused the collision.
Sometimes I think that lawyers truly are the scum of the earth when their job is to get scumbags like this out of any punishment. That they can stand in front of the family of the dead man in coury and argue that killing their father, husband, brother wasn't anything more than a whoopsie boggles my mind.
“It seems to me what they’re alleging is that there was some momentary inattention, not a reckless failure to observe known risk."
The known fucking risk is driving an SUV at speed and not paying even a little bit of attention in a clearly residential area. How is that not reckless. How is that not a failure to observe a known risk.
I would not be surprised if Mr Loophole Nick Freeman had something to say.
It's the job they are paid to do. On occasion, they may not enjoy it.
There is no actual requirement for lawyers to make nonsensical defenses of killers, as in this case. And there's even less requirement for a lawyer to make nonsensical public statements about a case, that may enourage other people to act in a similarly reckless fashion.
So while this lawyer does have a job to do, the comments he made to the TV station are not remotely part of it.
Thats not a defence (ironically). Everyone is paid to do their job. Some peoples job is to destroy the environment and ruin the future of billions of people so their company can make a bit more money. That doesn't absolve them of blame.
Doing your job to the best of your ability as a criminal lawyer is very much a morally dubious job as you are fundamentally doing anything possible to make sure your client doesn't suffer any consequences for their action regardless of thier guilt or innocence.
Why have they made it possible to access YouTube (or anything like it) on the tablet while driving?
What? You want to restrict the freedom of anyone to access their socials whenever and wherever they want?? Didn't you know that's a right granted to them by the Constitution or the Magna Carta or something…?
I agree. It is essential that drivers are able to shop on line etc, while driving, thus extending their opportunity to fuel the economy.
I always shop on line for car insurance while driving. I don't usually pay my premium until the last few seconds before having a crash, thereby avoiding unnecessary costs.
Youtube seems a step too far, although, it allows drivers to watch hilarious footage of collisions between 3 te SUVs and cyclists.
This is why driving is the lifeblood of the economy
That, might actually change in this case. The family of the deceased has predictably and justifiably filed a wrongful-death lawsuit against the town, and they will probably win a huge judgement -- which only means that taxpayers will foot the bill for the cops' criminality, as per usual. Shelburne is a town of only 6k residents, with a total annual budget of ~$13M, so an eight-figure judgement will sting, and likely cause day-late-and-dollar-short changes to be made.
One of the few things that would improve the behavior of cops is to negotiate their contracts to include the stipulation that any judgements or settlements resulting from cop activity are paid out from the cops' pension fund, not general municipality funds. The only thing cops actually care about is their pension fund, and continued access to it. Until and unless they are on the hook for their crimes, such will not be reduced.
Bl00dy h£ll!
I watched the video: I'm not convinced he was even driving at 40 - it looked SO fast.
"I hit someone, possibly a person" - FFS.
And when the killer's colleagues showed up, he claimed the cyclist "Came out of nowhere".
And, until the local news station investigated and found the CCTV, that was the cops' official claim, resulting in no charges filed.
Yes, for those following along, the cops allegedly investigated their brother's crime, found him completely innocent, and then the local TV station -- which is apparently full of investigative talent that far surpasses the cops' -- dug up the CCTV footage __from the restaurant immediately in front of the crash site__ and forced the cops to stop pretending and lying.
So basically, the handling of this killing ought to be a fireable offense for just about everyone in the respective "police departments".
when the killer's colleagues showed up, he claimed the cyclist "Came out of nowhere". And, until the local news station investigated and found the CCTV, that was the cops' official claim, resulting in no charges filed
We have no cause for smugness about the police in this country- look how the obviously ultra-bent Carrick and Couzens at the Met. were assisted by their colleagues covering-up their previous offences
I don't recommend watching the video (!).
"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."
Given that he failed to brake until 85 feet after the crash, I don't see how the crash could have been avoided by going 5 mph slower. It might have resulted in the victim being a bit less dead, but that's hardly the same thing.
It seems that the crash was caused 100% by watching a video rather than the road, with speed perhaps affecting the lethality. Which begs the question, why is it even possible to play YouTube on the built-in tablet?
That's just the cops trying to cover for their "brother", to whatever extent that they can. Recall that the initial police "investigation" resulted in no charges at all.
It is enormously unlikely that this killer will even lose his job, nevermind spend a day in prison. Cops routinely murder people with their firearms and walk sans repercussions, and even regular citizens are mostly allowed to murder pedestrians and cyclists without serious punishment. So combining the two makes it around a 1-in-a-million shot in this case, that any punishment will be meted out. The killer will be on paid vacation for a couple years, until his trial date, but that's about all.
I wouldn't be so sure that he'll get away with this just because cops routinely shoot people and get off. The law is very different as effectively all that the cop needs to do is persuade a jury that they felt fear at the moment they shot the person.
That's a completely different situation to mowing someone down because you're watching your favourite right-wing ghoul on YouTube.
From your lips, to God's ears, but it's very unlikely this killer will be punished. He's a small-town cop. I'm not sure a small-town cop has ever been imprisoned for a vehicular offense in this country.
Unless he has made many enemies among his colleagues on the force, and in the prosecutor's office, he will walk. And he clearly has not made those enemies, as his colleagues declined to even investigate his crime until a TV station embarrassed them into it.
Worst case, he might have to switch to a different team of cops. Cops in the US who are fired for criminal activity are routinely hired by adjacent towns, in a perverse shell game to avoid negative attention.
https://www.reuters.com/legal/government/fired-cops-routinely-rehired-dc...
You will be exceedingly hard-pressed to find a more corrupt institution than "law enforcement".
Well that took a lot of searching, see example below from Tuscumbia, Alabama (pop. <10,000). Plenty more examples in this list:
https://en.wikipedia.org/wiki/List_of_law_enforcement_officers_convicted...
You really do make rather a speciality of posting nonsense that is very easy to disprove, do you do it deliberately just to get a response or can you just not be bothered to research anything you say?
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