LAWRENCE, Mass. — On day three of the Kelsey Fitzsimmons trial, Fitzsimmons took the stand in her own defense, describing the day she was shot while three officers were serving her a restraining order filed by her former fiancé.
[ Off-duty North Andover officer shot by police during confrontation, DA says ]
Former North Andover officer Kelsey Fitzsimmons is accused of pointing a gun at fellow officers as they attempted to serve the restraining order at her home last year.
If found guilty, she could be ordered to serve up to 12 years in prison. Fitzsimmons waived her right to a jury trial, and the judge will decide her fate.
The restraining order was filed by her former fiancé, Justin Aylaian, who said he feared for his life and the life of his child.
Fitzsimmons’ defense team argues that she was experiencing postpartum depression and was attempting to take her own life—not harm the officers—when Officer Patrick Noonan shot her once in the chest.
The defense has also claimed that Fitzsimmons was handing items to officers who were following her around the house in an effort to get them away from her. She told officers that her guns were downstairs, though they were not.
“I wanted to be alone with my firearm and take my life.”
“I made that decision when I realized I had just lost everything in a 15 second conversation with my co-worker,” she told the court.
Fitzsimmons testified that on the day of the shooting, she had been arguing with her fiancé, Justin, who had not been home for a couple of days. She said she had been texting him, asking him to return to be with their baby, and he responded that he would come pick the child up.
“You’re not a babysitter,” Kelsey said.
She also said she had attended CPR training that day. Justin had called her and asked to meet at the common, which she agreed to. After training, she said she drove by their friend Hunter’s house and saw his car, along with other friends’ cars, which confused her. She still went to the common and waited for him, but he never showed up.
Fitzsimmons said her friend Michelle had been trying to call her to meet up, but she remained focused on meeting Justin, who had stopped responding to her messages.
She said she then called her mother, who came over. Three to five minutes after her mother left, Lt. Sean Daley, Officer Patrick Noonan, and Officer Timothy Houston arrived at the house to inform her that Justin had filed a restraining order.
“I saw my baby go, my fiancé, my dog, my house and I knew it was going to be my job too,” Kelsey said.
“Whatever I was accused of wasn’t good if I had a restraining order,” she said.
Fitzsimmons testified that she was upstairs packing a bag for her baby when Officer Patrick Noonan walked downstairs, and she saw what she described as her moment.
She 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.
“I never pointed the gun at a fellow police officer, it never happened,” Kelsey said.
She said Officer Noonan was holding her hand, and she kept repeating to him “why” and “it hurts.”
Fitzsimmons testified that she underwent five surgeries and spent 53 days in the hospital.
The defense is set to rest their case after doing a view of the house where the incident happened.
This is a developing story. Check back for updates as more information becomes available.
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