MOUNT SHASTA, Calif. — A California Department of Justice review of a fatal officer-involved shooting aboard an Amtrak train calls for additional training on tactical planning, less-lethal weapons and communication, along with policy changes addressing de-escalation and firearms safety.
The report, released Nov. 6, outlines six recommendations for the Mount Shasta Police Department following the Dec. 25, 2023, shooting of Nicholas Detweiler. DOJ concluded there was insufficient evidence to criminally prosecute the officer involved.
The recommendations examine decisions before and during the confrontation, including approaching an apparently sleeping subject, accounting for nearby passengers and communicating the availability of backup.
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Background
Mount Shasta PD serves a large rural area of Northern California, according to the report. Officer Jeremiah Capurro, the department’s only officer on duty that night, responded after Amtrak personnel reported a passenger threatening people with brass knuckles.
According to the report, Capurro boarded the stopped Coast Starlight train and approached Detweiler, who appeared to be asleep. After the officer woke him, the encounter escalated into a struggle involving a TASER and baton.
Detweiler then put brass knuckles on his right hand, turned toward an assistant conductor standing behind him and threw a punch. Capurro fired six rounds. Detweiler died, and one round struck the assistant conductor, causing a collapsed lung that required surgery.
DOJ’s criminal review concluded prosecutors could not prove beyond a reasonable doubt that Capurro’s use of deadly force was unlawful. The report separately identified opportunities to improve department policies and training.
1. Assess the scene and develop a tactical plan
DOJ recommended additional training on assessing a situation and developing a plan before contacting a subject, when feasible.
The report found Capurro did not gather information from the conductor before proceeding to Detweiler’s seat. It also found no apparent tactical plan accounting for the conductor and remaining passengers.
With Detweiler apparently asleep and no immediate exigency, the officer did not clear nearby passengers before initiating contact, according to the report.
DOJ recommended training on isolating and containing subjects experiencing a crisis, when appropriate and feasible, and accounting for bystander safety before engagement.
2. Reinforce the capabilities and limitations of TASERs
The report recommended additional training on when electronic control devices are appropriate and likely to be effective.
The DOJ found that a brief drive-stun application to Detweiler’s gloved hand was ineffective. The report also noted that close proximity and baggy clothing could reduce the effectiveness of probe deployment.
Department policy required a verbal warning before using the device when safe and practicable, but the report found no warning was given before the application.
DOJ recommended instruction addressing the limitations of probe mode and why drive-stun applications may be ineffective as a pain-compliance technique.
3. Make de-escalation a clear policy requirement
DOJ recommended revising department policy to explicitly require de-escalation techniques when feasible.
The existing policy said officers were expected to use de-escalation techniques. DOJ found that wording did not clearly establish the requirement it said California law mandates.
The report also recommended reviewing related procedures and training on de-escalation and crisis intervention for consistency with state law.
4. Train officers to adjust when commands fail
The report called for scenario-based communication training emphasizing active listening, calm and clear language, appropriate tone and pace, and alternatives to repeatedly issuing unsuccessful commands.
DOJ acknowledged Capurro faced a reportedly armed subject who would not comply. However, it found he did not adjust his communication approach when repeated commands failed.
The report cautioned that a “command loop” can increase stress and agitation and interfere with a person’s ability to process information. It recommended training officers to consider a calmer, negotiation-based approach when rigid command-style communication is ineffective.
5. Improve dispatch updates during shifts with limited staffing
DOJ recommended additional dispatcher training on providing timely, pertinent information to officers responding to potentially armed subjects, particularly when staffing is low.
Mount Shasta dispatch requested assistance from the Siskiyou County Sheriff’s Office. Although sheriff’s dispatch later confirmed deputies were responding, investigators found no indication that information reached Capurro.
Deputies arrived approximately five minutes after the officer, according to the report.
6. Strengthen backdrop awareness and bystander protection
DOJ recommended making awareness of surroundings and potential risks to bystanders an explicit policy requirement before discharging a firearm, when reasonable under the circumstances.
The assistant conductor was behind Detweiler in Capurro’s line of fire when the officer fired, according to the report.
DOJ also recommended evaluating the department’s firearms training curriculum to determine whether changes are needed to better prepare officers to minimize risks to nearby people.
The full report includes the incident investigation, criminal analysis and policy recommendations.
