SOUTH BURLINGTON, Vt. (WCAX) – The town of Shelburne is being sued over the death of a bicyclist who police say was hit and killed by a local police officer.
The wrongful death lawsuit is being brought by the loved ones of Sean Hayes. Police say around 3 a.m. on November 11, Sergeant Kyle Kapitanski hit a cyclist pulling a trailer on Shelburne Road near Fayette Drive in South Burlington. Hayes was identified as the cyclist.
In the civil lawsuit filed Wednesday, attorney Brooks McArthur, who is representing Hayes’ estate, says Hayes was standing next to the curb near a bus stop when he was hit. Court paperwork also accuses Sgt. Kapitanski of not stopping after hitting Hayes, and that he drove a “significant distance” before turning around and parking his cruiser at the scene.
Hayes has two kids, and the family is requesting compensation for emotional damages caused by his death. Sgt. Kapitanski was placed on administrative leave pending the outcome of an investigation into the crash by the Vermont State Police.
A spokesperson for Vermont State Police says they are in the process of finalizing the crash investigation and expect to turn over the case to the Chittenden County State’s Attorney to determine if any changes will be filed.
The town of Shelburne has 21 days to respond to the lawsuit.