North Andover officer shot by colleague released from jail

Local News

The injuries Kelsey Fitzsimmons suffered during the incident have now healed enough that she can use an alcohol breath test safely.

Kelsey Fitzsimmons, the North Andover police officer who was shot by a colleague after allegedly pointing a gun at him during a confrontation in June, was released from custody Tuesday. 

She will now return to house arrest at her mother’s home in Methuen before her trial, which is slated to begin Feb. 9. Fitzsimmons must stay at the home 24/7, have no contact with the victim or certain witnesses, and comply with GPS monitoring and regular medical and psychological evaluations. She was ordered not to consume alcohol and must comply with alcohol breath testing using an at-home device.

The alcohol testing requirement complicated Fitzsimmons’s potential release for months. She was briefly released in September on a slew of similar conditions, including that she submit to alcohol breath testing, only to return to custody days later. 

This occurred after Fitzsimmons’s legal team informed a judge that her wounds were preventing her from being able to use the alcohol testing device. She suffered a collapsed lung and broken ribs during the shooting, and breathing into the device caused Fitzsimmons severe pain and dizziness. 

Fitzsimmons appealed the decision of the lower court to the Supreme Judicial Court, arguing that alternative forms of alcohol testing could be used instead. The SJC ruled against her earlier this week. 

But Fitzsimmons and her attorneys presented new medical evidence Tuesday showing that she had healed enough in order to use the breath test safely. An Essex Superior Court judge subsequently granted her release. 

“Kelsey fought through an unimaginable ordeal with the strength of a true public servant,” said one of her attorneys, Timothy Bradl, in a statement. “Her family is ecstatic to have her home where she can continue her recovery. Her resilience in the face of incredible physical and emotional stress is extraordinary. This isn’t just a legal victory; it’s a victory of the human spirit.”

Fitzsimmons was indicted on one count of assault by means of a dangerous weapon after the incident, which occurred in June. Fitzsimmons, a new mother, was struggling with postpartum depression and on leave at the time. Fitzsimmons’s former fiancé filed for and was granted a restraining order. He described in an affidavit how he feared that she could be a danger to herself, him, and their child. He alleged that Fitzsimmons had a history of becoming violent while intoxicated. 

Three of Fitzsimmons’s colleagues from the North Andover Police Department arrived at her home to serve the restraining order. While alone with one of the officers, Fitzsimmons allegedly pulled a gun from a hidden location and attempted to shoot the other officer. Fearing for his life, he fired back and struck her once, according to a police report. 

Fitzsimmons maintains that she would never aim a weapon at another police officer, and that she was actually making a “halfhearted attempt” at taking her own life. The NAPD does not use body cameras. 

Fitzsimmons’s lawyers say that their attention is now shifting to the trial. 

“We have the utmost faith in the jury system and are moving forward with absolute confidence,” Bradl said. “The healing of Kelsey’s body has finally allowed the law to catch up with the facts. We look forward to cooperation with the trial court and the District Attorney’s Office to ensure due process and a fair pretrial period for Kelsey. She has a long road ahead, but today, she walks that road at home.”