NORTH ANDOVER — A North Andover police officer who was shot in the chest by a fellow officer during the service of a restraining order in June will remain in custody after a judge ruled she violated the alcohol-monitoring terms of her release.
Kelsey Fitzsimmons, 28, is accused of pointing a firearm at a fellow officer who was serving a restraining order requested earlier that day by her fiancé, who alleged she had assaulted him over the weekend and feared for the safety of their infant son.
The incident occurred June 30, when officers arrived at her home while she was reportedly packing up her son’s clothing. Police say she reached for a gun and attempted to fire — prompting another officer to shoot her once in the chest. She was hospitalized for more than a month at Massachusetts General Hospital.
Her attorneys had asked the court to allow an alternative to wearing a SCRAM device — which continuously tests for alcohol — arguing that her chronic pain from the injuries she sustained, including fractured ribs, makes compliance extremely painful. They requested the court allow random urine testing at a facility in Lawrence as an alternative.
At a hearing held in Essex Superior Court last week, Judge Kathleen McCarthy-Neyman rejected the motion and revoked Fitzsimmons’ release, ruling that her failure to comply with testing constituted a violation of the conditions set by the court. Following the hearing, her attorney, Timothy Bradl, said he may appeal the decision to the Supreme Judicial Court.
In her written decision, Judge McCarthy-Neyman said Fitzsimmons failed to “transparently provide information related to her ability and willingness to abide by the conditions imposed,” calling it a “manipulation” of the court’s efforts to ensure community safety.
The judge emphasized that remote alcohol monitoring was essential to avoid requiring Fitzsimmons to leave home frequently, especially since she had been granted house arrest at her mother’s residence.
Court records show that the condition to remain alcohol-free was central to the court’s reasoning, as prosecutors have presented evidence of Fitzsimmons’ alleged “aggressive behavior while intoxicated” in prior incidents.
Her defense team argued they had informed the court of her limitations as soon as they became apparent, and submitted a letter from the surgeon who operated on Fitzsimmons. However, Judge McCarthy-Neyman noted that these objections came three days after her release, despite earlier opportunities to raise concerns about the SCRAM device.
Bradl previously said she was suffering from postpartum depression and denied pointing a weapon at any officer, instead claiming she was attempting suicide out of fear of being separated from her infant son.
A hearing on the restraining order filed by her fiancé is scheduled for later this month.
