North Andover officer shot by colleague released from jail

Kelsey Fitzsimmons, the North Andover police officer who was shot by a colleague after allegedly pointing a gun at him during a confrontation in June, was released Tuesday.

She will now return to house arrest at her mother’s home in Methuen before her trial, which is expected to begin on February 9. Fitzsimmons must remain in the home 24/7, have no contact with the victim or certain witnesses, and adhere to GPS monitoring and regular medical and psychological evaluations. She was ordered not to consume alcohol and required to take an alcohol breath test using a home device.

The alcohol testing requirement complicated Fitzsimmons’ possible release for months. She was briefly released in September under a series of similar circumstances, including taking an alcohol breath test, only to be taken back into custody days later.

This happened after Fitzsimmons’ legal team informed a judge that her wounds prevented her from using the alcohol testing device. She suffered a collapsed lung and broken ribs during the shooting, and breathing into the device caused Fitzsimmon’s severe pain and dizziness.

Fitzsimmons appealed the lower court’s decision to the Supreme Court, arguing that alternative forms of alcohol testing could be used instead. The SJC ruled against her earlier this week.

But Fitzsimmons and her lawyers presented new medical evidence Tuesday showing she had recovered enough to safely use the breath test. An Essex Superior Court judge subsequently granted her release.

“Kelsey endured an unimaginable ordeal with the fortitude of a true public servant,” one of her attorneys, Timothy Bradl, said in a statement. “Her family is thrilled that she has her home where she can continue her recovery. Her resilience in the face of incredible physical and emotional stress is extraordinary. This is not just a legal victory; it is a victory of the human spirit.”

Fitzsimmons was charged with assault with a dangerous weapon after the incident, which took place in June. Fitzsimmons, a new mother, was struggling with postpartum depression and was on leave at the time. Fitzsimmons’ former fiancée filed for and was granted a restraining order. He described in an affidavit how he feared she could be a danger to himself, him and their child. He claimed Fitzsimmons had a history of becoming violent while drunk.

Three of Fitzsimmons’ colleagues from the North Andover Police Department showed up at her home to enforce the restraining order. While alone with one of the officers, Fitzsimmons allegedly pulled a gun from a hidden location and attempted to shoot the other officer. Fearing for his life, he shot back and hit her once, according to a police report.

Fitzsimmons claims she would never point a gun at another police officer, and that she actually made a “half-hearted attempt” to commit suicide. The NAPD does not use body cameras.

Fitzsimmons’ attorneys say their attention now shifts to the trial.

“We have the utmost confidence in the jury system and are moving forward with absolute confidence,” Bradl said. “The healing of Kelsey’s body has finally allowed the law to catch up with the facts. We look forward to working with the court and the Public Prosecution Service to ensure a fair trial and a fair pre-trial period for Kelsey. She has a long road ahead of her, but today she is walking that road at home.”