By Angelina Berube
Andover Townsman, Mass.
SALEM, Mass. — An off-duty North Andover police officer who was shot in her home by a colleague serving a restraining order will be released to the custody of her mother and stepfather under GPS-monitored home confinement as she awaits trial.
Kelsey Fitzsimmons, 28, of North Andover pleaded not guilty Thursday following her arraignment on a charge of assault by means of a dangerous weapon in Essex County Superior Court.
Defense attorney Timothy Bradl said Fitzsimmons is scheduled to be released Friday, almost two months after the shooting took place.
Fitzsimmons wept in court as her cuffed hands took a tissue from a bailiff to dry her eyes when Judge Kathleen McCarthy-Neyman ordered her to have “absolutely no” contact with her 6-month-old child.
Fitzsimmons’ release is pending an inspection of her family’s home and criminal background checks of each household member as outlined in the conditions of release. The judge found state prosecutors met the burden of proof that Fitzsimmons is dangerous, but set 10 conditions to keep the community safe.
Her order came with a warning in court to Fitzsimmons’ mother and stepfather, Lauren and William Page, that they will be charged with contempt if they assist her in seeing the baby.
“She is a danger and these are the least restrictive conditions to ensure the safety of the public and victim,” McCarthy-Neyman said.
Fitzsimmons answered in agreement as the judge informed her she can be held without bail if she violates any conditions.
Fitzsimmons was released last week from Massachusetts General Hospital, where she underwent surgery after being shot in the chest, Bradl said. She is being held at Western Massachusetts Regional Women’s Correctional Center in Chicopee pending her release.
On June 30, three North Andover police officers went to Fitzsimmons’ home at 125 Phillips Brooks Road to serve her with an abuse prevention order filed by her fiance, North Andover firefighter Justin Aylaian, the father of the child. Authorities said an armed confrontation took place when she was served with the order, resulting in her suffering a gunshot wound.
The shot fired by North Andover police Officer Patrick Noonan struck Fitzsimmons in the chest after she pointed her service weapon at him in her upstairs bedroom, police stated in an official report following the incident.
Noonan alleges she pulled the trigger, but the weapon did not fire. Noonan stated that Fitzsimmons tried to reload the gun’s chamber after it did not fire, prompting him to shoot her, according to the police report.
She claimed that she never pointed the gun at another officer, just her temple. Fitzsimmons claimed she was shot by someone she considered a friend in a failed attempt to take her own life.
State prosecutor James Gubitose said the state presented two charges to the grand jury: armed assault with intent to murder and assault with a deadly weapon. The grand jury rejected the armed assault charge and indicted her on the lesser charger. Gubitose said while the charge has changed, the state still argued that Fitzsimmons is a danger to the community and the officer who shot her.
The new charge comes with a maximum of five years in prison or house alternative if convicted.
McCarthy-Neyman, who denied Fitzsimmons’ bail appeal twice, said she understood she was facing a significantly different charge than when Fitzsimmons last appeared before her for a dangerousness hearing Aug. 14. She also took into account the fact that the grand jury yielded a lesser charge based on the evidence it heard.
The judge, however, still found Fitzsimmons to be a danger and not able to be released on personal recognizance alone.
Gubitose submitted additional statements to McCarthy-Neyman made by Aylaian and an unidentified longtime friend of Fitzsimmons.
The new statements include comments on how Fitzsimmons has allegedly struggled with mental health, aggression and alcohol abuse since high school, Gubitose said. He added that while he was not suggesting Fitzsimmons did not struggle with mental health or postpartum depression after giving birth in February, there was testimony about her anger issues dating back several years.
Bradl argued Fitzsimmons was a candidate for a probationary sentence and stressed that medical professionals reported his client was not a danger and ready to be released with a mental health treatment plan. He said she received daily mental health treatment at Massachusetts General Hospital but does not have these services available to her at the corrections center.
Fitzsimmons is not permitted to leave the house with the exception of doctor visits or to see her attorney, all of which need approval.
Her mother is in charge of driving Fitzsimmons to and from appointments. The judge advised her mother that she can only drive on the approved route and anything else would be considered a violation.
Fitzsimmons is ordered to have no contact with any victim or witness, along with no direct or indirect contact with her child. She is allowed to see photos of her child.
She is not allowed to have any weapons or firearms in the house. Fitzsimmons is to wear a device around the clock to determine if she has consumed alcohol since she is not permitted to drink alcohol. She must undergo medical and psychiatric treatment and sign waivers so the Probation Department is able to contact her doctors.
Fitzsimmons is due back in Essex County Superior Court for a pretrial conference Oct. 7.
© 2025 the Andover Townsman (Andover, Mass.). Visit www.andovertownsman.com.
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