NORTH ANDOVER — The North Andover off-duty police officer who was shot in her home by a colleague serving her with a restraining order nearly two months ago has had her bail denied for a second time.
Essex County Superior Court Judge Kathleen McCarthy-Neyman has denied Kelsey Fitzsimmons’ second bail appeal Monday. The second bail petition was denied for the same reasons stated in the judge’s previous order.
The decision comes after the superior court judge denied her original bail petition on Aug. 15 following Fitzsimmons’ appeal of an Aug. 7 bail order made in Lawrence District Court.
Lawrence Judge Carol-Ann Fraser’s court order deemed Fitzsimmons as a danger to herself and the public and ordered her committed without bail. But the order allows her to remain in the hospital to receive medical treatment.
Fitzsimmons’ defense team, lawyers Timothy Bradl and Martha Coakley, filed a renewed superior court bail appeal with a comprehensive release plan for reconsideration following McCarthy-Neyman’s first denial. After a dangerousness hearing on Aug. 14, McCarthy-Neyman determined a satisfactory release plan for Fitzsimmons’ following her discharge from Massachusetts General Hospital was not presented to the court.
On June 30, three North Andover police officers went to Fitzsimmons’ 125 Phillips Brooks Road home to serve her with an abuse prevention order filed by her fiance, North Andover firefighter Justin Aylaian, the father of her baby. Authorities said an armed confrontation took place when she was served with the order, resulting in her suffering a gunshot wound.
Fitzsimmons was struck with a single gunshot to her chest by North Andover police Officer Patrick Noonan after she pointed her service weapon at him in her upstairs bedroom, police stated in an official report following the incident. They allege she pulled the trigger, but it did not fire. Noonan stated that Fitzsimmons tried to reload the gun’s chamber after it didn’t fire, prompting him to shoot her, according to the police report.
Fitzsimmons, however, has claimed she tried to kill herself in the moment when her child was being taken away from her and never pointed the gun at anything other than her temple.
She was transported to Mass. General following the shooting where Bradl previously said she underwent surgeries and medical treatment for her injury. Fitzsimmons remained in the hospital as of Aug. 18. Bradl could not be reached for comment on her condition Monday.
As McCarthy-Neyman’s second denial follows her previous order, Fitzsimmons will remain in pretrial detention as no condition of release would assure the safety of the officer who shot her or the community at large.
Allegations from the responding officers included how Fitzsimmons told them that all her firearms were secured in the basement the night of the shooting, McCarthy-Neyman outlined when she first denied Fitzsimmons’ bail. Fitzsimmons allegedly reached for a firearm in her bedroom and pointed it at Noonan while she was gathering her baby’s belongings as part of the restraining order to turn over custody of the child to Aylaian, according to the judge’s findings.
Fitzsimmons is scheduled for a probable cause hearing via teleconference in Lawrence District Court on Thursday. She was arraigned earlier in the month on one count of armed assault with intent to murder and two counts of assault with a deadly weapon.