A restraining order, two gunshots, and a trial that hinges on one officer's testimony
LAWRENCE — The first day of Kelsey Fitzsimmons ' trial on Monday saw prosecutors call several key witnesses to the stand , highlighted by testimony from the North Andover police officer who shot Fitzsimmons while serving her a restraining order .
The prosecution's entire case essentially hinges on the testimony of that officer, Patrick Noonan.
He was the final of four witnesses called by prosecutors on Monday. His testimony is critical to their case — he was the only person in the room with Fitzsimmons when the events in question took place.
Fitzsimmons, 29, is charged with a single count of assault with a dangerous weapon. She is accused of pointing a gun at Noonan and trying to fire it , prompting him to shoot her. Noonan was one of three officers who served Fitzsimmons a restraining order obtained by her fiancé on June 30, 2025.
The trial drew dozens of supporters to Essex Superior Court here, packing the larger courtroom selected to house the trial to accommodate the public interest in the case to the point where court officers had to bring in extra chairs.
On the stand Monday afternoon, Noonan recalled seeing Fitzsimmons push off her left foot and lunge across her bedroom. When Fitzsimmons reappeared, she had a gun pointed at his face and pulled the trigger, Noonan said.
"I screamed her name. I was completely shocked," he said.
Noonan ultimately shot Fitzsimmons. The first shot, he said, didn't stop her from trying to fire at him. Only after shooting a second time and hitting Fitzsimmons did she stop, he said.
North Andover Police Officer Patrick Noonan gestures on the witness stand as to how the defendant Kelsey Fitzsimmons pointed her gun at him during her trial in Lawrence Superior Court. (Tim Jean/The Eagle-Tribune, pool)North of Boston Media Group
During the defense's opening statement, attorney Tim Bradl presented a different version of events . When Noonan and other officers arrived at her home with a restraining order taken out by her fiancé, Fitzsimmons decided to end her life, he said.
But Fitzsimmons didn't want to take her own life in front of her fellow officers. Instead, she tried to get a moment to herself in her bedroom, Bradl said.
That moment came when Noonan began making his way down to the first floor of the home, Bradl said. When Noonan re-entered the room and saw Fitzsimmons with a gun to her temple, "the evidence will show he's not some super cool James Bond-type law enforcement officer," Bradl said.
Instead, he was flustered and began to panic. That's when he yelled, "Kelsey, no," Bradl said.
"This was a mistake. It was a brain freeze," he said. "It was someone seeing a gun and shooting."
Bradl indicated in his opening that Fitzsimmons would testify during the defense case.
Lt. Sean Daley, one of Noonan's fellow officers, was the first witness to take the stand on Monday.
He recalled Fitzsimmons becoming emotional as police escorted her around the house after serving her the order. At one point, she said she feared she would lose her job, Daley testified.
Daley testified that he was standing on the first floor of Fitzsimmons' home with her mother when he heard Noonan call out in a "loud, authoritative voice ... 'Kelsey don't do it.'"
When he heard Noonan yell, Daley ran up the stairs and heard two gunshots. At the top of the stairs, he saw Fitzsimmons on the ground of her bedroom.
While Fitzsimmons was on the floor, Daley said he heard her say, "I'm sorry. I want to die."
On cross-examination from Bradl, Daley said Fitzsimmons' fiancé, Justin Aylaian, said he feared she could harm their son.
"Isn't it true Justin told you, 'I wouldn't be surprised if she shot the baby right in front of you?'" Bradl asked. Daley said that was true.
Aylaian also took the stand on Monday, testifying that he went to court to get a restraining order because he was afraid Fitzsimmons was a danger to their son.
"I felt that my son's life was in great danger," he said.
North Andover Firefighter Justin Aylaian answers questions on the witness stand during the trial of his former fiance, Kelsey Fitzsimmons, a North Andover police officer shot in her home last June by a fellow officer serving a restraining order. Fitzsimmons is charged with one count of assault by means of a dangerous weapon in Lawrence Superior Court. (Tim Jean/The Eagle-Tribune, pool)North of Boston Media Group
Aylaian was in the home's basement when the gunshots went off. He recalled hearing Fitzsimmons' mother screaming and running from the basement through the garage to get outside the home.
Bradl conducted a very brief cross-examination of Aylaian, introducing into evidence that he has been placed on leave from his job at the North Andover Fire Department.
Aylaian acknowledged that "allegations were placed against me" regarding drug use, an apparent violation of town policy.
Fitzsimmons waived her right to a jury trial, meaning Judge Jeffrey T. Karp is serving as the fact finder and will ultimately determine her guilt or innocence.
Noonan is expected to return to the stand Tuesday morning for cross-examination by Bradl.
Bradl spoke very briefly outside the courthouse, telling reporters, "It was a great day."
"Remember, that was their case," he said. "We're looking forward to putting on our case."
The prosecution could rest its case as soon as Tuesday afternoon, Bradl said.
More about the case
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