Kelsey Fitzsimmons Trial: Assault Charge, Conflicting Accounts, Verdict Pending

The bench trial of former North Andover, Massachusetts police officer Kelsey Fitzsimmons concluded arguments before Essex Superior Court Judge Jeffrey Karp, with a decision expected imminently.

Fitzsimmons, 29, faces a single count of assault with a dangerous weapon. She has pleaded not guilty. The charge stems from an incident on June 30, 2025, in which North Andover officer Patrick Noonan shot Fitzsimmons during the service of a restraining order at her home, obtained by her then-fiancé, Justin Aylaian.

Prosecution's theory: Fitzsimmons raised her service weapon, aimed it at Noonan's face, and pulled the trigger. The weapon did not discharge — the chamber was empty. Fitzsimmons then attempted to load the weapon, at which point Noonan fired twice, striking her in the chest.

Defense's theory: Fitzsimmons was in acute mental health crisis and raised the weapon to her own temple. The physical location of the firearm after the incident — found under her leg — is, per defense argument, inconsistent with the trajectory of a weapon pointed at Noonan. Fitzsimmons elected to testify, denying under oath that the weapon was aimed at anyone but herself.

Key evidentiary record: Noonan acknowledged under cross-examination that he may have referred to Fitzsimmons as a "f---ing whack job" to a neighbor; that neighbor's testimony under oath confirmed the statement. Noonan provided two materially different accounts of the firing sequence, acknowledged the inconsistency, and stated both versions were accurate to his recollection. No body camera footage of the incident exists. Fitzsimmons had a documented involuntary psychiatric commitment in March 2025 for postpartum depression; at least one responding officer had knowledge of this prior to entry. A defense-requested site visit at the residence, approved by the court, was subsequently withdrawn by the defense without stated reason.

Fitzsimmons waived her right to a jury trial. The case is before Judge Jeffrey Karp alone. Maximum exposure on the charge is five years in state prison.

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