Assault or attempted suicide? What to know about Kelsey Fitzsimmons as her trial begins
Editor’s note: This article contains description of suicide.
Only two people know what actually happened in Kelsey Fitzsimmons ’ bedroom on June 30, 2025.
Prosecutors say the 29-year-old North Andover police officer pointed a gun at a fellow officer serving her a restraining order obtained by her fiancé and tried to fire it. But Fitzsimmons maintains she pointed the gun at herself in an attempt to take her own life.
The officer, Patrick Noonan, fired two shots, one of which struck Fitzsimmons in the chest. Fitzsimmons was taken to a Boston hospital, where she spent the better part of the next two months, undergoing multiple surgeries.
In July, criminal charges, including armed assault with intent to murder, were filed against Fitzsimmons.
But in the words of her defense lawyer, an Essex County grand jury took a “wrecking ball” to the case that August when it indicted Fitzsimmons on just one count, assault with a dangerous weapon.
Fitzsimmons’ trial on that charge begins Monday. She opted to waive her right to a jury trial , meaning Judge Jeffrey T. Karp will determine if she’s guilty or not. The trial is expected to last only a few days.
Here’s everything you need to know to understand the case, which has come to encompass the bitter custody battle between Fitzsimmons and her estranged fiancé, Justin Aylaian.
What police say happened on June 30
Three police officers went to the home Fitzsimmons and Aylaian shared on Phillips Brook Road in North Andover at 6:12 p.m. on June 30 to serve the restraining order. The order gave custody of the couple’s 4-month-old son to Aylaian and required her to turn over her firearms.
Aylaian said he was “in fear” of Fitzsimmons and claimed she threatened to hurt him and their son — claims Fitzsimmons has denied. Fitzsimmons has yet to contest the restraining order in court — a hearing is scheduled for April.
About 10 minutes after officers arrived, they called Aylaian to come and gather his belongings and pick up the child. Fitzsimmons went through the house, collecting items for the baby in anticipation of Aylaian’s arrival.
When Aylaian arrived, Fitzsimmons asked to be kept separated from him, leaving her alone with Noonan on the second floor of the home.
Noonan recounted Fitzsimmons kneeling in her bedroom, packing clothing and books for her son. While standing in the doorway, he saw Fitzsimmons turn toward him, lunge for an area behind the door, then reappear, pointing a gun at him, according to a police report filed in court.
Fitzsimmons pulled the trigger and Noonan heard the gun click, but no round fired. As she began to stand and rack the gun, Noonan drew his weapon and yelled at her to drop hers, according to the police report.
“Officer Noonan stated that at this point he knew she was trying to kill him,” the report reads.
Noonan fired, but Fitzsimmons continued trying to chamber a round, according to the report. He fired again, hitting her.
What Fitzsimmons says happened
Video of North Andover Police officer Kelsey Fitzsimmons on June 30, 2025, opening the door for colleagues moments before they shot her.(Timothy Bradl)
In a statement released by her lawyer, Fitzsimmons said she was surprised to see three of her colleagues at her front door on June 30. She packed bags with baby food, clothes and diapers and handed her son off to a fellow officer.
It was in that moment, she said, she attempted suicide in her bedroom.
“My firearm was NEVER pointed in any direction other than my temple. When I pulled the trigger, my gun did not fire,” the statement reads. “As a police officer myself, I would never even think to intentionally hurt another police officer.”
After the birth of her son, Fitzsimmons was diagnosed with postpartum depression. At the time of the incident, she was preparing to return to the police force after being cleared by a psychologist.
Fitzsimmons said her mental health issues could be traced back to when she and Noonan responded to the scene of a murder-suicide in North Andover , where a mother fatally stabbed her 9-month-old baby and took her own life in 2024.
The legal aftermath
Fitzsimmons was initially ordered held without bail following her arraignment . But after her indictment, a judge allowed her release on strict conditions , including house arrest, GPS monitoring and alcohol testing.
But when Fitzsimmons’ lawyers asked to modify the alcohol testing condition because she was struggling to physically complete the tests due to her gunshot injuries, she was sent back to jail in September . That decision prompted a series of appeals, including to the state’s highest court. The Supreme Judicial Court ultimately upheld Judge Kathleen McCarthy-Neyman’s decision.
North Andover Police Officer Kelsey Fitzsimmons during her arraignment at Essex Superior Court on Aug. 28, 2025. She was shot and wounded in June after police say she pointed a gun at another North Andover Officer.(Ben Pennington for The Boston Globe)
That September hearing led to an explosion of support for Fitzsimmons online. A Facebook group titled “Justice for Kelsey Fitzsimmons” has amassed more than 13,000 members. Purple-clad supporters have regularly attended court hearings over the last six months.
Fitzsimmons was eventually released in December after her attorneys reported she could complete the alcohol testing as ordered. A different superior court judge further amended the conditions of her release this month , allowing her to move out of her parents’ Methuen home and dropping an order barring her from seeing her son.
In February, Fitzsimmons’ defense moved to recuse McCarthy-Neyman from the case , accusing the judge of misconduct and several conflicts of interest that required her to step aside. The motion was swiftly denied as moot by the chief justice of the state’s superior courts.
Accusations of wrongdoing against Aylaian
In recent weeks, Fitzsimmons’ attorneys have escalated her conflict with Aylaian, accusing him of breaking into her home in the days after the shooting and rampant drug use.
Prosecutors, meanwhile, are planning to introduce text messages the couple exchanged in the hours before the shooting as evidence at the trial. They say the messages show Fitzsimmons is “angry, upset, at times despondent, and clearly having a conflict with Mr. Aylaian.”
Aylaian will testify for the prosecution during the trial — he was inside the house when Fitzsimmons was shot. Defense attorney Tim Bradl has called him a “dangerous witness,” whose testimony could open the door to a “trial within a trial.”
Karp did not rule on a prosecution motion to prohibit questioning Aylaian about whether he received any promises, rewards or inducements related to the “break-in” on July 3. Instead, he said he would rule only after Aylaian’s direct examination.
The judge also denied a defense motion seeking access to records from the North Andover Fire Department , where Aylaian works, regarding his drug use. The defense submitted several videos that appear to show Aylaian smoking marijuana to support their motion.
Aylaian has since been placed on leave by the fire department .
Despite the back and forth over Aylaian, both sides agree that Fitzsimmons’ case is a simple one.
When Karp pushed him, Bradl acknowledged that the defense had made Aylaian a central figure in the case in recent weeks, but said he was only responding to prosecutors’ tactics.
“The government wanted to open this case up to Justin and Kelsey and what happened in Maine and all this other stuff,” he said. “I think the government’s backed off of that, but the government started that fight, and I have to match it.”
The trial
Kelsey Fitzsimmons sits in the witness stand during a colloquy with Judge Jeffrey T. Karp, left, in Essex Superior Court in Lawrence on Wednesday. Defense attorney Martha Coakley, right, watches along.Charlie McKenna/MassLive
Since Fitzsimmons waived her right to a jury trial, opening statements will be heard by Karp on Monday morning. Both sides expect the case to have concluded by Friday.
The charge against Fitzsimmons, assault with a dangerous weapon , can be proven in two ways — either as an attempted battery or an immediately threatened battery. Prosecutors say they will pursue both theories.
Under the first theory, prosecutors must prove Fitzsimmons intended to commit a battery on Noonan, that she took a step toward doing so, that she came “reasonably close” to doing so and that she committed an assault with a dangerous weapon by attempting the battery.
The second theory requires prosecutors to prove Fitzsimmons intended to put Noonan in fear of a battery, that she “engaged in some conduct toward Noonan, which Noonan reasonably perceived as immediately threatening a battery,” and the assault was committed with a dangerous weapon.
The lawyers will meet with Karp to discuss the elements of the charge and the instructions he should consider before rendering a verdict.
If Fitzsimmons is convicted, she would face a maximum sentence of five years in prison. Her defense has said she would be eligible for a sentence of probation under the sentencing guidelines.
If you or someone you know is thinking about suicide, you are not alone.
Samaritans Statewide Hotline
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Call or Text: 1-877-870-HOPE (4673)
National Suicide Prevention Lifeline
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988 or 1-800-273-TALK (8255)
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Press # 1 if you are a Veteran
The Trevor Helpline
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866-4-U-TREVOR (488-7386) Support designed for lesbian, gay, bisexual and transgender youth and young adults
More about the case
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