North Andover police officer shot while being served restraining order seeks release
Kelsey Fitzsimmons, a North Andover police officer who was shot by a fellow member of the department who was serving a restraining order against her in July, remains hospitalized and held in police custody following a Thursday hearing.
During the dangerousness hearing, Fitzsimmons' attorney denied that she pointed her service weapon at the officer who shot her inside her own home.
Fitzsimmons, 28, has pleaded not guilty to charges of armed assault with intent to murder and two counts of assault with a dangerous weapon.
North Andover officer appears in court
Prosecutors say that Fitzsimmons' fiancé filed a restraining order hours before she was shot, fearing for the safety of their child. Defense attorney Timothy Bradl said that Fitzsimmons' fiancé had asked her to meet in a public park to reconcile their issues, but never showed up and instead filed the restraining order. Bradl argued that led to the entire incident later in the evening.
Prosecutors allege that when North Andover police officers arrived to serve the restraining order, Fitzsimmons told them her weapons were stored safely in the basement. But they say that she then reached for her service weapon and pulled the trigger.
Prosecutors said there was no round, so the gun clicked but did not fire. When Fitzsimmons attempted to load a round into the chamber, an officer said he yelled, "Don't do it, don't do it." The officer then fired once and missed before firing a second time and hitting Fitzsimmons in the chest.
Fitzsimmons' defense attorneys say she was struggling with postpartum depression. Bradl argued Thursday that Fitzsimmons never pointed the gun at her fellow officer and never made misleading statements about where her weapons were stored in the home.
"She would never" point gun at fellow officer, attorney says
Bradl said previously that Fitzsimmons was contemplating taking her own life with the gun, not harming the officer who shot her.
During Thursday's hearing, prosecutors attempted to convince the judge to continue holding Fitzsimmons without bail, calling her a danger to herself, her child, her fiancé and the community at large.
The prosecutor alleged that Fitzsimmons has a "violent temper, even before she gave birth."
Bradl said there is no evidence to support the North Andover officer's claim that Fitzsimmons pointed a gun at him, and there were no body cameras that recorded the incident.
"We think this was a brain freeze, your honor, that's covered up by the statement 'She pointed the gun at me.' She would never do that. She's a fellow law enforcement officer. She deserves some deference," Bradl said.
Officer Kelsey Fitzsimmons remains hospitalized
Fitzsimmons remains at Mass General Hospital being treated for her injuries. Bradl said she will likely be medically cleared for release within days.
He said that on August 8, a Mass General doctor determined that Fitzsimmons did not fit the definition of someone who is a danger due to mental illness. The doctor, Bradl said, determined that Fitzsimmons should be reunited with her child.
Bradl asked the judge to allow Fitzsimmons when discharged from the hospital to be released from custody so she can receive therapy and continue to work with Mass General doctors.
"This was a transient episode that was brought on by an unimaginable confluence of events for Kelsey and it's over its gone and she's fine and that's what the court needs to understand," Bradl said outside court.
The judge said that Fitzsimmons will continue to be held and she will make a ruling at a later time.
If you or someone you know is struggling with thoughts of self-harm, please call the crisis lifeline at 988 or the Massachusetts Behavioral Health Help Line at (833) 773-2445.