Former Police Officer Found Not Guilty After Shooting Incident During Restraining Order
Former Massachusetts police officer Kelsey Fitzsimmons has been found not guilty of attempting to open fire on her fellow officers when they served her with a restraining order from her firefighter fiancé. The 29-year-old, dressed in all-black, appeared emotional in court on Thursday as the verdict was delivered. She faced up to five years in prison but will now walk free.
Chaotic Episode Unfolds in June 2025
The trial focused on a chaotic episode in June 2025, when Fitzsimmons' firefighter fiancé, Justin Aylaian, 32, filed a restraining order against her and sought sole custody of their four-month-old son. The document was served by several of her colleagues at the North Andover Police Department. Prosecutors alleged that Fitzsimmons flew into a rage and tried to shoot them with her service weapon.
After raising the weapon in the air, Fitzsimmons was shot in the chest by officer Pat Noonan. She spent weeks in hospital with a collapsed lung and was subsequently charged with attempting to gun down her fellow officers.
Fitzsimmons' Testimony: A Suicide Attempt, Not an Attack
In her testimony this week, Fitzsimmons insisted she never tried to shoot any officers and only intended to kill herself, but the gun jammed when she pulled the trigger. She stated on the stand that she wanted to end her life after 'losing everything', fearing her life was spiraling out of control and she would lose custody of her young son.
'I saw my baby go, my fiancé, my dog, my house, and I knew that it was going to be my job, too,' she testified. Fitzsimmons, who was on maternity leave at the time, said she was blindsided by Aylaian's decision to leave and only 'realized our relationship was over when a restraining order was handed to me.'
Deteriorating Relationship and Tense Moments
The couple's relationship had been deteriorating for some time, hitting a low point weeks before the shooting after they attended a boozy joint bachelor and bachelorette party and accused each other of excessive drinking. Hours before being served with the restraining order, Fitzsimmons and Aylaian argued bitterly about caring for their son because he refused to take him while she attended CPR training for her return to work.
Fitzsimmons testified that while driving home, she saw Aylaian's truck outside a friend's property surrounded by vehicles from the party, raising her suspicions. She claimed she then realized her phone number had been blocked by Aylaian. One of his friends allegedly tried to reassure her the vehicles were only there to pick up items left behind from the party.
She said she knew 'something was going on' and parked in a school parking lot near her home so Aylaian would not know she was there if he returned. Soon after, Noonan and two other officers arrived at her home.
Conflicting Accounts of the Incident
Fitzsimmons admitted to lying about where her service weapon was during the incident, claiming it was in the basement when it was actually in her bedroom. She testified she intended to use the gun to kill herself, saying, 'I made that decision as I realized I had just lost everything in a 15-second conversation with my coworker.'
Her testimony came after Noonan took the stand, claiming he was forced to shoot her because he feared she was trying to kill her fiancé. Noonan told the court, 'I think I was standing in her way for her to get downstairs and kill Justin.' Fitzsimmons stared at Noonan during his testimony before turning to her attorney and appearing to mouth, 'What?'
Lack of Body Camera Evidence and Legal Arguments
Massachusetts does not have a state law requiring police departments to wear body cameras, and the North Andover officers at the scene were not wearing cameras that could have captured the episode. Noonan alleged Fitzsimmons pointed her service weapon at him and pulled the trigger, but it made a 'click' noise because the gun was jammed. He said he had no choice but to shoot her because she then 'tap racked' the gun to clear the jam.
In cross-examination, Fitzsimmons' attorney, Timothy Bradl, argued that Noonan did not need to shoot her in the chest and alleged excessive force. Bradl claimed Fitzsimmons lifted the gun to shoot herself in the head during a mental health crisis, fearing loss of custody. He accused Noonan of unnecessarily using deadly force, asking, 'You know it’s prohibited for someone to use deadly force on someone who is only exhibiting harm to themselves?' Noonan, a SWAT-trained officer, responded, 'Absolutely.' When asked why he didn't use a taser, Noonan said, 'We meet deadly force with deadly force.'
Defense and Prosecution Perspectives
Fitzsimmons testified she tried to move Noonan into another room before shooting herself, stating, 'I knew if I pulled out my firearm in front of a police officer, I would get shot.' She reflected, 'Even looking back now, reflecting for nine months, I think my decision to do it to myself was selfish to everybody who loves me. I wanted to kill myself. Me and my gun. No one else involved.'
Bradl said Fitzsimmons was suffering from postpartum depression and her life 'imploded' when Aylaian filed the restraining order. He described her as a panicking mother facing loss of control and alleged Noonan tried to 'adjust the narrative' to protect himself.
Prosecutors disputed Fitzsimmons' version, claiming the only reason the incident wasn't deadly was due to no bullet in the chamber and Noonan's SWAT training. They alleged she lunged for her weapon, pointed it at officers, and pulled the trigger before Noonan shot her twice, with one bullet hitting her chest.
Background and Aftermath
Aylaian, a local firefighter, previously testified he moved out and sought full custody over fears Fitzsimmons might harm herself or their family. Fitzsimmons was a North Andover Police officer for just over a year before the shooting and was fired following the incident. The trial highlighted intense personal and professional turmoil, culminating in a verdict that absolved her of criminal intent in the dramatic confrontation.
