Kelsey Fitzsimmons Acquitted
Last year, North Andover Police Officer Kelsey Fitzsimmons was rushed to the hospital after being shot by a fellow officer. She was then arrested and charged with assault.
The incident began due to a falling out between Fitzsimmons and her ex-fiancé, Justin Aylaian, a North Andover firefighter. The disagreement began to escalate as the custody battle over their son began. On the day of the incident, police arrived at Fitzsimmons’ house to serve a restraining order against Fitzsimmons that Aylaian requested. This restraining order was requested by Aylaian on the basis of his claims that Fitzsimmons assaulted him and threatened the life of their son. The order also granted Aylaian custody of their son, who the police were instructed to collect from Fitzsimmons, as well as any firearms.
The story exact details of the scene are inconclusive, as there are two differing claims as to what happened. Prosecutors in this case claim that Fitzsimmons pointed her firearm at the responding officer, Officer Noonan, and pulled the trigger without a bullet in the firearm. Noonan has stated that Fitzsimmons attempted to load the gun, resulting in him firing two shots at her. However, Fitzsimmons claims that she only pointed the gun at herself as she was overwhelmed and suicidal.
On March 25, Fitzsimmons went to court, pleading not guilty to her charge of assault and waiving her right to a jury. The prosecution firmly maintained that it was “scientifically, mechanically impossible” for Fitzsimmons’s story to elapse in that amount of time. Defense countered, claiming that Fitzsimmons attempted to get away from officers to end her life before pulling the firearm to her head and that Noonan’s use of force was unreasonable.
Essex Superior Court Judge Jeffrey Karp ultimately acquitted Fitzsimmons on the basis that there was too much reasonable doubt and not enough evidence to charge her. He noted that the lack of body camera footage made it impossible for those who did not witness the incident to truly determine what happened.
Kelsey Fitzsimmons is now suing town officials specifically pursuing “civil rights action” and “negligence action.”
