NORTH ANDOVER, Mass. — Attorneys for a North Andover police officer who was shot inside her home by fellow officers last summer are making new accusations involving her fiancé.
Newly filed court documents include video that Kelsey Fitzsimmons’ lawyers say shows her fiancé, Justin Aylaian, and several other men breaking into her home three days after the shooting on July 3, 2025.
According to her legal team, the group stole cash, gift cards, and Fitzsimmons’s laptop. They claim Aylaian later used that laptop to withdraw $5,000 from her bank accounts.
Fitzsimmons’ lawyers say they turned the evidence over to prosecutors in August, but their request for a special prosecutor to investigate the alleged theft was denied.
The motion argues that despite “overwhelming evidence,” prosecutors have declined to charge Aylaian with a series of potential felonies, including breaking and entering, identity fraud, and malicious destruction of property. Defense attorneys say that the refusal amounts to significant favorable treatment that should be disclosed to the defense and ultimately to a jury.
“He should be prosecuted, and they’re in a conflict of interest,” Fitzsimmons defense attorney argued. “They’re trying to prop this guy up for their own case.”
On Friday, Boston 25 reached out to the Essex County District Attorney’s Office as to why Fitzsimmons former fiancé wasn’t charged. The DA’s office provided the following statement on Saturday:
<i>On February 27, 2026, the Commonwealth appeared at a proceeding related to Commonwealth v. Kelsey Fitzsimmons. During that hearing, reference was made to a third party and allegations of breaking and entering and related claims occurring several days after the charged event.</i>
<i>As outlined by the prosecutor during that hearing, at the request of defense counsel in the Fitzsimmons matter and in an abundance of caution, this Office contacted another office, the Middlesex District Attorney’s Office, and requested that they review. That Office determined that, given the involvement of former Middlesex District Attorney Martha Coakley as co-counsel in Commonwealth v. Fitzsimmons, they had a conflict and referred the matter back to this Office.</i>
<i>This Office subsequently fully reviewed the matter, including several calls made by the third party in question to the North Andover police department seeking their accompaniment before and during his entry to retrieve his belongings. These calls, which were shared as part of discovery in Commonwealth v. Fitzsimmons, do not reflect criminal intent on the part of the third party.</i>
<i>After review, this Office determined that there was not a good faith basis to proceed with criminal charges against the third party and, therefore, any further referral was unnecessary. Additionally, it was concluded that the Probate and Family Court would be the appropriate venue for any allegations made concerning the actions of the third party relative to property.</i>
— Paul F. Tucker, Essex County District Attorney
“This is definitely the hardest I’ve ever gone through in my life, and we’re just going to keep standing strong,” Fitzsimmons said.
Fitzsimmons is accused of pointing a gun at officers when they arrived at her home to serve a restraining order last summer. Her attorneys argue she was a new mother struggling with postpartum depression at the time.
The filing also raises questions about Officer Patrick McCarthy Noonan, who shot Fitzsimmons on June 30, 2025. Prosecutors allege Fitzsimmons pointed a gun at officers; her attorneys dispute that and say she was never interviewed.
According to the motion, Noonan was placed on “critical incident leave” immediately following the shooting — but was later allowed to return to work and continue earning paid detail shifts, even after an incident in which he failed to show up for duty and was deemed AWOL. The defense argues this level of leniency and continued paid work is “highly uncommon” and may constitute benefits that should have been disclosed.
Fitzsimmons is currently involved in a custody battle with her fiancé.
She faces one count of assault with a dangerous weapon and is scheduled to go on trial next month.
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