‘Kelsey Don’t Do It’: New details emerge in North Andover police shooting with dueling stories
A 28-year-old North Andover police officer was shot by a fellow officer after she pointed a gun at him and attempted to fire it, according to a police report filed in court — an account that directly contradicts what the 28-year-old claimed in her first public statement .
Kelsey Fitzsimmons , 28, is still hospitalized with a gunshot wound she sustained when police arrived at her North Andover home on the night of June 30 to serve her a restraining order obtained by her fiancée. She was arraigned Thursday on criminal charges , including armed assault to murder. Fitzsimmons pleaded not guilty having previously said that she attempted suicide and was not pointing a gun at police. She was ordered held without bail after being deemed dangerous.
The police report, authored by Massachusetts State Police Sgt. David Strong, reveals for the first time what police say took place when they arrived at Fitzsimmons' home.
The police narrative
A trio of police officers went to the home Fitzsimmons and her fiancée 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 Fitzsimmons' fiancée, Justin 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. She had assaulted Aylaian multiple times, he said — claims Fitzsimmons has denied through her lawyer.
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. After going through the first floor, police escorted Fitzsimmons to the second floor.
When Aylaian arrived, Fitzsimmons asked to be kept separated from him, leaving her alone with one of the officers.
A lieutenant who responded to the home told Strong in an interview that he heard the officer yell, "Kelsey don't do it, Kelsey don't do it," followed by two gunshots. The lieutenant was on the first floor of the home with Aylain and Fitzsimmons' mother. After hearing the gunshots, officers raced to provide first aid to Fitzsimmons and called an ambulance.
In a separate interview, one of the responding officers told Strong that Fitzsimmons claimed all her guns were locked in a safe in the basement. As he walked toward the basement he heard the other officer scream "Kelsey" and heard two gunshots ring it.
The officer immediately ran upstairs and found Fitzsimmons lying on the ground. When he asked what happened, the officer, Patrick Noonan, said Fitzsimmons pointed a gun at him, pulled the trigger, then racked a round of ammunition.
Noonan was interviewed on July 3, four days after the incident.
He recounted Fitzsimmons kneeling on the ground 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 the police report.
Fitzsimmons pulled the trigger and Noonan heard the gun click, but no round was fired. She began to stand up, and Noonan took his gun out of its holster. Fitzsimmons started to rack the gun to chamber a round, and Noonan yelled at her to drop the gun, 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 a shot, and Fitzsimmons continued trying to chamber a round. Noonan fired again, hitting Fitzsimmons.
A fourth officer arrived to the scene after the shooting, and removed the magazine from Fitzsimmons' gun. He reported there was a round of ammunition inside.
Police obtained a search warrant for the home, and found four semi-automatic guns.
The account in the police report directly contradicts what Fitzsimmons claims took place.
Fitzsimmons' account
Through her lawyer, Timothy Bradl, Fitzsimmons released a lengthy public statement last month, weeks after the incident. In it, she said she was diagnosed with postpartum depression following the birth of her son and was undergoing treatment at the time of the incident.
Fitzsimmons said Aylaian turned his back on her and is now "legally bullying me to get what [he] want[s], slandering my character, and using my diagnosis against me to make me seem like I am a monster."
"The deep love I have for my baby boy sustains me and keeps me strong," the statement reads. "I would never put that angel of a child in harm's way. My job as his momma is to protect him and that is what I have always done and will continue to do for the rest of my life."
Fitzsimmons' certification to work in law enforcement has been suspended in the wake of the incident. She had won her gun license back shortly before being served the restraining order, which ordered her to turn in her firearm.
On June 30, Fitzsimmons said she was surprised to see three of her colleagues at her front door. 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."
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 last year.
At the time, Fitzsimmons was 20 weeks pregnant.
"As a 'rookie' police officer, this was devastating to me," the statement reads.
Following her diagnosis, Fitzsimmons said, she was "failed by so many."
"I know the truth will prevail," the statement concludes.
More about the case
Read the original article on MassLive .
