LAWRENCE, Mass. — Former North Andover police officer Kelsey Fitzsimmons, who was shot by a colleague while being served a restraining order at her home in June 2025, was found not guilty of assault and battery with a dangerous weapon on Thursday after a four-day bench trial in a Lawrence courtroom.
Essex Superior Court Judge Jeffrey T. Karp returned the verdict of not guilty after hearing three days of testimony that included Fitzsimmons taking the stand in her own defense.
The fate of Fitzsimmons was left in Karp’s hands after she waived her right to a jury trial.
Karp deliberated for a little more than three hours after closing arguments were delivered. He then revealed his decision shortly after 2 p.m. Fitzsimmons was spotted sharing hugs with her legal team and loved ones following the acquittal.
After the acquittal, Fitzsimmons and her two attorneys, Timothy J. Bradl and Martha Coakley, the former Attorney General of Massachusetts, spoke outside of court.
As Fitzsimmons made her way to a makeshift podium, supporters were heard yelling, “Congratulations,” and “Let’s go, girl!”
“I got shot, I went to jail for 103 days, I haven’t seen my son, I had to sell my home that I worked very hard for,” Fitzsimmons said. “This is my first breath of fresh air, and I feel like I can breathe again; however, I have a son whom I have to reunite with, and that’s where I’m at right now.”
Fitzsimmons added, “When you know you didn’t do something wrong, keep fighting for it.”
When asked what the last nine months have been like for her, Fitzsimmons said, “There is not a word for that. If you want an image of it, picture me on a mat in a jail cell crying for my son day after day after day.”
Coakely blasted the Commonwealth, saying the allegations against her client “never got challenged or investigated.” She and Bradl also praised the judge for being “forthcoming” during the trial.
The restraining order against Fitzsimmons had been filed by her now ex‑fiancé, North Andover firefighter Justin Aylain, who testified that he feared for his life and the safety of their newborn baby. The department has since placed Aylain on leave.
Prosecutors had alleged that Fitzsimmons pointed a firearm at a responding officer while police were serving the restraining order. She was shot by North Andover police officer Patrick Noonan during the encounter.
Fitzsimmons’ defense team argued during the trial that she was experiencing postpartum depression and was attempting to take her own life in the moment—not harm the officers—when Noonan shot her once in the chest.
On Wednesday, Fitzsimmons testified in her own defense, telling the court that she only pointed the gun at herself, not Noonan. She testified that she was losing everything when she was served the order because Aylain was seeking custody of their child.
“I saw my baby go, my fiancé, my dog, my house, and I knew it was going to be my job too,” Fitzsimmons said.
As part of the restraining order, she had to surrender her guns. She told officers that her guns were downstairs, though they were not.
“I wanted to be alone with my firearm and take my life,” Fitzsimmons told the court. “I made that decision as I realized I had just lost everything in a 15-second conversation with my co-worker.”
Fitzsimmons also said she grabbed a gun and put it to her chest. She pulled the trigger, but nothing happened. She said Noonan appeared, and she heard, “Kelsey, no. Kelsey, no.” When she pulled the trigger again, she said that before she knew it, she was on the ground.
Earlier in the week, Noonan testified that Fitzsimmons grabbed a gun, pointed it right at him, and pulled the trigger, forcing him to shoot her.
“I never pointed the gun at a fellow police officer; it never happened,” Kelsey told the court.
Fitzsimmons was ultimately flown to the hospital after the shooting, subsequently undergoing five surgeries and spending more than 50 days in the hospital.
Before announcing the verdict, Karp explained his reasoning in acquitting Fitzsimmons, noting a lack of visual evidence related to the shooting.
“Perhaps the Commonwealth could have easily met its burden if the officers had been wearing body cameras. But under these circumstances, I am left with a reasonable doubt,” Karp told the court. “I am duty-bound to find that the Commonwealth has not met its burden to prove that Ms. Fitzsimmons committed an assault by means of a dangerous weapon on Officer Noonan, and my verdict is, and must be, not guilty.”
Both the defense and prosecution rested after Fitzsimmons’ testimony.
Assistant Essex District Attorney James Gubitose prosecuted the case for the Commonwealth.
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