Essex County DA responds to Kelsey Fitzsimmons acquittal
Essex County District Attorney Paul Tucker said Thursday night that his office respected Judge Jeffrey T. Karp's verdict acquitting Kelsey Fitzsimmons but disagreed with the decision.
Tucker, whose office prosecuted Fitzsimmons, said the indictment against her "was brought in good faith, supported by credible police testimony, and corroborated by the physical evidence."
Fitzsimmons, 29, was accused of pointing a gun at a fellow North Andover police officer serving her a restraining order on June 30, 2025, prompting the officer to shoot her. She was charged with a single count of assault with a dangerous weapon.
Fitzsimmons maintained she tried to take her own life .
The district attorney, himself a former police officer, said the case was an instance of police officers "acting to the best of their ability during a tragic and rapidly evolving incident."
"The work of police officers, particularly in cases involving restraining orders, is extremely dangerous and I recognize their dedication, courage and willingness to serve," Tucker said.
He also praised the "professionalism and civility" of the prosecutors who worked on the "highly public and emotionally charged case."
Karp acquitted Fitzsimmons after hearing three days of witness testimony. He said that while he found the testimony of both Fitzsimmons and the officer who shot her, Patrick Noonan , credible, he was left with doubt about what actually transpired.
As a result, the judge said he was "duty-bound to find that the Commonwealth has not met its burden."
Before the trial, Fitzsimmons' attorneys criticized the district attorney, particularly for not bringing charges against her ex-fiancé , Justin Aylaian, for what they described as a break-in to her home.
Following the verdict, defense attorney Tim Bradl said, "I've had it with Essex County."
More about the case
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