LAWRENCE, Mass. — Closing arguments are happening Thursday in the trial of Kelsey Fitzsimmons, the former North Andover police officer accused of pointing a gun at a fellow officer during a confrontation at her home in June 2025.
Prosecutors allege Fitzsimmons pointed the firearm at a responding officer while police were serving a restraining order. She was shot by North Andover police officer Patrick Noonan during the encounter.
The restraining order 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.
Fitzsimmons’ defense team argues 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.
She had pleaded not guilty to a charge of assault and battery with a dangerous weapon.
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10:15 a.m.
The judge orders a recess for the duration of his deliberations.
Since Fitzsimmons waived her right to a jury trial, the case is in his hands, and he’ll render a verdict.
A 30-minute warning will be given before returning to the courtroom.
10:05 A.M.
Defense attorney Timothy Bradl is lodging objections against the defense after both sides delivered closing arguments.
9:45 a.m.
Assistant Essex District Attorney James Gubitose is delivering his closing arguments on behalf of the Commonwealth.
9:15 A.M.
Defense attorney Timothy Bradl is delivering his closing arguments on behalf of Kelsey Fitzsimmons.
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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.
“I never pointed the gun at a fellow police officer; it never happened,” Kelsey told the court.
Fitzsimmons was flown to the hospital after the shooting, subsequently undergoing five surgeries and spending more than 50 years in the hospital.
Both the defense and prosecution rested after Fitzsimmons’ testimony.
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.
Her bench trial began on Monday.
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