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’ 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.
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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