LAWRENCE, Mass. — Prosecutors rested their case on Wednesday in the trial of former North Andover police officer Kelsey Fitzsimmons, who is accused of pointing a gun at a fellow officer while being served a restraining order filed by her ex- fiancé last summer.
Prosecutors allege she pulled the trigger of her firearm, but the weapon failed to discharge because there was no round in the chamber. Fitzsimmons was subsequently shot and wounded.
The defense has argued that Fitzsimmons was experiencing a mental health crisis and intended to harm only herself.
She has pleaded not guilty to a charge of assault with a dangerous weapon.
LIVE COURT UPDATES:
Wednesday, 2:14 p.m.
- Defense resting. There will be no view of the home.
Wednesday, 2:11 p.m.
- Court is back in session.
Wednesday, 12:53 p.m.
- Lunch recess.
Wednesday, 12:43 p.m.
- Prosecution ends questioning. Defense will now go on a view of her home where the incident happened in North Andover.
Wednesday, 12:41 p.m.
- She said on Friday she had shooting qualifications with that gun. She agreed with the prosecution that she had many things going through her head when she was packing up the baby’s belongings.
Wednesday, 12:40 p.m.
- She said she never knew Justin was coming to the house. She said she thought she would pass her baby off and never knew or expected him to walk into the house.
Wednesday, 12:35 p.m.
- She said she knew Justin was the one taking the baby away from her, not the police, and that’s where her emotions were directed towards.
Wednesday, 12:33 p.m.
- She said she was aware her and Justin were in an argument the day of the shooting. She was surprised about being ditched and police coming.
Wednesday, 12:30 p.m.
- Kelsey said he knew Noonan came back from Lawrence, a place that has more crime than North Andover. She said she went to Noonan for advice on how to handle calls.
Wednesday, 12:24 p.m.
- Kelsey said on calls, particularly restraining orders, you shouldn’t let anyone walk into a room by themselves. She said she knows SWAT is called in to deal with bad situations, and she knew Noonan was on the SWAT team.
Wednesday, 12:22 p.m.
- Cross examination by the prosecution begins.
Wednesday, 12:12 p.m.
- Court is in recess.
Wednesday, 12:11 p.m.
- Kelsey said she’s had 5 operations, and was in the hospital for 53 days.
Wednesday, 12:08 p.m.
- She said in the ambulance and at the hospital she kept repeating, “I’m a f**king idiot because I just tried to kill myself with an unloaded gun.”
Wednesday, 12:06 p.m.
- Kelsey said when firefighters put an oxygen mask on her, she kept wanting to take it off because she said she “wanted to die.”
Wednesday, 12:04 p.m.
- Kelsey said she was very alert and aware of her surroundings, but her lung was punctured so she couldn’t breathe. She said she remembered firefighters coming to bring her to the hospital very quickly.
Wednesday, 12:02 p.m.
- She said Officer Noonan was holding her hand, and she said she kept repeating to him “why” and “it hurts.”
Wednesday, 12:00 p.m.
- Kelsey said she never intended to harm Noonan. She said Noonan shared some personal things with her in the time that they had known each other. She met his wife, and his son. She said she didn’t want to involve anyone. “I never pointed the gun at a fellow police officer, it never happened,” Kelsey said.
Wednesday, 11:54 a.m.
- Kelsey said her firearms were in a chest. She grabbed the gun and put it up to her chest and took two steps backwards then put the gun up to her head. She said Noonan walked in when she pulled the trigger and nothing happened, and she heard “Kelsey no, Kelsey no.” She said she exclaimed, “f**k,” when she pulled the trigger a second time, before she knew it, she was on the ground.
Wednesday, 11:51 a.m.
- Officer Noonan followed Houston down the steps, said Kelsey. She said it was her only chance to be alone with her firearm and kill herself.
Wednesday, 11:50 a.m.
- She said she knew if she pulled out a firearm she would get shot. She said she was trying to get the officers away from her, because she knew if a anyone took out a firearm it would be a threat to those police officers.
Wednesday, 11:48 a.m.
- Kelsey said she didn’t wany anyone involved because she wanted to be by herself to take her own life. She said she kept handing them things so they would go away.
Wednesday, 11:47 a.m.
- She said she didn’t think Justin was coming because that wasn’t normal practice for serving restraining orders.
Wednesday, 11:45 a.m.
- Kelsey said her firearms were in the basement because she made the decision right there to take her life after she lost everything in a 15 second conversation.
Wednesday, 11:40 a.m.
- She said as she was putting the bottles in the bag it was setting in what was happening, and there was so many “unknowns.” She said she felt like she lost everything in that moments, and 2 weeks for her being without her baby was an “eternity.”
Wednesday, 11:39 a.m.
- She was told to pack a bag for the baby for 2 weeks. She said she handed the baby to Officer Patrick Noonan because she trusted him.
Wednesday, 11:37 a.m.
- Dailey said that the baby was on the restraining order. She said she knew she was going to have to hand her baby to the police officer.
Wednesday, 11:35 a.m.
- Kelsey said Lt. Dailey said, “we need to come in” and then he asked to put the baby down, who started to cry. She picked him back up, and Dailey then said, “Justin filed a restraining order against you.”
Wednesday, 11:33 a.m.
- Kelsey said Officer Noonan was on the murder suicide call with her. They texted each other outside of work following that incident. She said she was closer to Officer Timothy Houston and called him a work friend.
Wednesday, 11:28 a.m.
- Kelsey said she heard a knock at the door about 3-5 minutes later and 3 police officers were at the door including Lt. Dailey, Officer Patrick Noonan, and Officer Timothy Houston.
Wednesday, 11:26 a.m.
- Kelsey said her mom came over and they talked about the situation, and then she left. She said she was going to go camping to clear her mind.
Wednesday, 11:22 a.m.
- Kelsey said she parked in the school’s parking lot next to her house because she didn’t want anyone to know she was home, as she was confused as to what was going on with her fiancé and friends. When she got home, she called her mom.
Wednesday, 11:20 a.m.
- Kelsey said she waited an hour or more and Justin never showed up. Her friend Michelle called her and said she wanted to meet up for coffee, but she was focused on meeting Justin.
Wednesday, 11:18 a.m.
- Kelsey said texts between Justin stopped. She texted Hunter who said everyone was meeting there to pick up stuff from the bachelor and bachelorette party.
Wednesday, 11:16 a.m.
- Kelsey said after CPR training, she drove to the North Andover common. She said she drove by their mutual friend’s house, Hunter. She said she saw Justin’s truck and other cars that she recognized.
Wednesday, 11:12 a.m.
- Kelsey said Justin said he would meet her at the common after CPR training. She said she told Justin, “Okay, I love you bye,” and the call had already hung up.
Wednesday, 11:11 a.m.
- Court is back in session.
Wednesday, 11:07 a.m.
- Court is in a short recess.
Wednesday, 11:03 a.m.
- Kelsey said Justin called on her way to CPR training and asked to meet at the North Andover Common.
Wednesday, 11:01 a.m.
- Kelsey said Justin hadn’t been home for days, and she asked Justin if she could come home to be with their son. Kelsey said Justin responded that he could come pick him up, and Kelsy said: “You’re not a babysitter.”
Wednesday, 10:59 a.m.
- Kelsey said she had to go to CPR training that day at 1 p.m.
Wednesday, 10:57 a.m.
- Kelsey said she realized her relationship was over with Justin when the restraining order was handed to her by police on June 30.
Wednesday, 10:42 a.m.
- Kelsey Fitzsimmons has taken the stand in her own defense.
Wednesday, 10:20 a.m.
The court has taken a 20-minute recess.
Wednesday, 10:15 a.m.
Page tells the court that she, along with Fitzsimmons’ ex-fiance Justin Aylaian and his sister, was present in the home when the shooting happened.
She testified that the she recalled hearing a man say, “Kelsey no, Kelsey no, and then two gunshots.” She says she didn’t hear Kelsey say anything.
Wednesday, 10:02 a.m.
- Lauren Page, the mother of Kelsey Fitzsimmons, is called to the stand by the defense.
Wednesday, 9:43 a.m.
- The prosecution has rested its case. The defense calls its first witness to the stand, Maureen Torrissi, a resident of North Andover. She is a neighbor of North Andover Officer Patrick Noonan.
Wednesday, 9:15 a.m.
- The prosecution calls Massachusetts State Police Sgt. David Strong to the stand. He is expected to be their final witness.
Wednesday, 9:10 a.m.
- The judge instructs everyone to gather at court on Thursday morning before departing for a view of Kelsey Fitzsimmons’ North Andover home.
Wednesday, 9:08 a.m.
- The court is back in session for the third day of the trial.
PREVIOUS STORY:
On Tuesday, North Andover Officer Patrick Noonan, the officer who shot Fitzsimmons, took the stand in Lawrence District Court.
Noonan testified that Fitzsimmons pointed a gun at him and pulled the trigger after he served her the court order. He told the court he believed she intended to harm him.
During cross‑examination, Fitzsimmons’ attorney pressed Noonan about his prior interactions with her, including comments he allegedly made to a neighbor.
One exchange included the question: “Is it possible you called her a whack job to her neighbor?”
To which Noonan responded:“…after she tried to kill me.”
The defense is expected to take the judge to Fitzsimmons’ North Andover home, where the shooting took place, as part of their presentation of evidence.
The trial started Monday with opening statements and testimony as the prosecution and defense offered sharply contrasting accounts of what happened inside her home
Fitzsimmons waived her right to a jury trial, meaning the judge alone will determine the verdict.
The trial is expected to wrap up by Friday, with closing arguments and a decision likely to follow soon after.
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