The town of Shelburne has terminated a police sergeant who pleaded guilty last month to a criminal misdemeanor charge of driving his cruiser while on duty and striking and killing a cyclist.
The town’s selectboard held a personnel hearing in closed session Tuesday night and then issued a statement that read, “Kyle Kapitanski is no longer employed by the Town of Shelburne.”
The selectboard, the statement added, would not be releasing its written decision in the matter, contending it is exempt from disclosure under the law a “personal” document.
The statement did not specify what policies or procedures Kapitanski may have violated leading to his termination.
Kapitanski entered a plea agreement in September that allowed him to avoid jail time for his role in the November crash that killed 38-year-old Sean Hayes of Burlington.
Kapitanski had been on paid leave by the town since the crash, pending an internal investigation.
He was initially charged with a felony offense of gross negligent operation of a motor vehicle with death resulting. That charge was reduced to a misdemeanor offense of negligent operation of a motor vehicle with a fatality as part of the plea deal he entered into with prosecutors.
As part of that agreement, Kapitanski was sentenced to six to 12 months in jail, all suspended, and he was placed on probation for two years.
Kapitanski was driving his cruiser 40 to 45 mph in a 35-mph zone on Shelburne Road in South Burlington when the early morning crash took place, prosecutors said during September’s hearing in criminal court in Burlington.
Hayes, court records stated, appeared to be adjusting his bicycle and a trailer attached to it before he started walking southbound with the bicycle when Kapitanski’s cruiser struck him.
Leading up to the crash, a charging affidavit stated, Kapitanski had YouTube videos playing on a computer tablet mounted in his cruiser. A link to the last video was provided in the filing and it was titled, “Trans woman CONFRONTING Matt Walsh takes UNEXPECTED turn,” the affidavit stated.
David Sleigh, Kapitanski’s attorney in the criminal case, contended there was no proof his client was distracted while driving by videos.
The prosecutor in the case said at the hearing that Kapitanski’s possible return to his job in law enforcement has “effectively” been prevented.
Shelburne Town Manager Matt Lawless, in an email to reporters Tuesday night, wrote that the executive session held by the selectboard was warned under a provision in the law to consider “disciplinary or dismissal action against a public officer or employee.”
Lawless added that town officials would not be providing additional records or details related to Kapitanski’s termination.
“The trial documents establish the facts of the case, so I’ll leave it at that,” he wrote.
Kapitanski could not be reached for comment.
Hayes’ estate has also brought a civil lawsuit that remains pending against the town of Shelburne in connection with the fatal crash.
