North Andover police officer shot by colleague to be released on slew of conditions
A North Andover police officer shot by a fellow officer while being served a restraining order taken out by her fiancé in late June is set to be released Friday on several strict conditions.
Kelsey Fitzsimmons , 28, was indicted this week on a single count of assault and battery with a dangerous weapon in connection with the incident on June 30.
Previously, Fitzsimmons had been charged with a far more serious crime , armed assault with intent to murder, but a grand jury found there was no probable cause she committed that crime.
The indictment represented a significant shift in Fitzsimmons' case, her lawyer, Timothy Bradl, said during a dangerous hearing Thursday afternoon in Essex Superior Court in Salem.
"The Essex County grand jury is the only body that's heard from live witnesses and assessed credibility in this case, and they basically took a giant wrecking ball right through the middle of the Commonwealth's case," Bradl said.
Police claimed Fitzsimmons pointed a gun at an officer serving her the restraining order and attempted to fire it. But Fitzsimmons has denied doing so , saying in a statement released by Bradl she pointed the gun at herself.
Fitzsimmons appeared in person for the hearing. She has been held at a jail in Western Massachusetts since being released from the hospital last week.
During the hearing, Fitzsimmons, who wore a black suit jacket and white shirt with her blonde hair pulled into a bun, largely remained stoic. But when Judge Kathleen McCarthy-Neyman said Fitzsimmons would not be able to see her 5-month-old son, she bowed her head and appeared to tear up.
Fitzsimmons underwent treatment for postpartum depression following the birth of her son, but was set to return to work as a police officer before being shot.
Prosecutors argued that Fitzsimmons' recent mental health struggles were part of a larger pattern.
Assistant Essex District Attorney James Gubitose told the judge that Fitzsimmons had struggled with aggression and alcohol abuse dating back to high school, citing testimony Fitzsimmons' longtime friend gave North Andover police.
"This isn't new," he said.
Bradl didn't deny Fitzsimmons' struggles with mental health, but said she was better served by being released from jail, where she was not undergoing any treatment.
McCarthy-Nyman apparently agreed, releasing Fitzsimmons to the care of her mother and stepfather. She will be required to stay at home around the clock unless meeting with her lawyers or attending appointments, not to drink alcohol and to have no contact with any witnesses in the case, including her son.
Fitzsimmons' mother and stepfather both briefly testified at the hearing, confirming to McCarthy-Nyman they would prevent the 28-year-old from seeing her son and would take her to medical appointments.
Lauren Page, Fitzsimmons' mother, said she lives with her two stepchildren, who are teenagers. They are "very excited" at the prospect of Fitzsimmons returning home, she said.
"In the event I find out you are assisting or trying to have the child meet with your daughter, you'll have to answer to me and it could lead to a contempt charge," McCarthy-Nyman warned.
Despite determining Fitzsimmons could be released, McCarthy-Nyman still ruled she was a danger, despite objections from Bradl.
Bradl asked the judge to give Fitzsimmons a chance to prove she was not a danger to herself or her son. An evidentiary hearing on the restraining order taken out by Fitzsimmons' fiancé is scheduled for next month.
Her fiancé claimed in an affidavit attached to the restraining order that he feared for his son's life.
Bradl called those claims "self-serving."
"Her whole world was taken away from her because a guy went to the probate court ... filled out a piece of paper, full of self-serving allegations, and got her baby," he told reporters outside the courthouse. "Kelsey is very committed to showing this court, showing the judge that she's fine, that she's in control, that she's not a danger. The only thing that's been aggravating her postpartum is having her baby taken away."
"We're going to do everything we can to reunite Kelsey with her baby," Bradl added.
More about the case
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