NORTH ANDOVER — The off-duty officer who was shot at her North Andover home by a colleague serving a restraining order on her last week faces criminal charges as she remains hospitalized.
Kelsey Fitzsimmons, 28, is to be arraigned on charges including one count of assault with intent to murder and two counts of assault with a deadly weapon, a spokesperson at the Essex County District Attorney’s Office confirmed Thursday afternoon.
Fitzsimmons was shot after an armed confrontation took place when three North Andover officers went to her residence at 125 Phillips Brooks Road on June 30 to serve her with an abuse prevention order filed by North Andover firefighter Justin Aylaian, the father of her 4-month-old child.
She was struck with a gunshot by one of the responding officers during the confrontation. Medical assistance was immediately administered to Fitzsimmons before she was medflighted to a Boston hospital, according to police.
Attorney Timothy Bradl, from the Boston law office of Timothy J. Bradl, P.C., now represents Fitzsimmons. He said she remains in “grave condition” in the hospital after being shot in the chest. Bradl made the announcement in a press release on Wednesday.
Last Thursday, a spokesperson for the district attorney would not give an update on her condition. At a press conference after the event, District Attorney Paul Tucker did not say where Fitzsimmons’ wounds were.
Bradl said Fitzsimmons needs someone to speak for her as “those with contrary interests are circling the wagons, leveling serious criminal charges and leaking their self-serving probate court affidavits in an attempt to discredit her as she fights for her life.”
Bradl said the restraining order was obtained in “an ex parte fashion” as a way for her fiance, a local firefighter, to take the baby away from her.
Fitzsimmons gave birth in February. Aylaian filed a restraining order against Fitzsimmons on June 30. In an affidavit accompanying the order, Aylaian alleges Fitzsimmons was a danger to him, herself and the baby and threatened to take both her and their baby’s lives.
Aylaian also alleged Fitzsimmons struck him in the face three times June 28 and he feared for his life.
Fitzsimmons’ lawyer claimed the affidavit filed in Essex Probate and Family Court was intentionally leaked to smear his client’s name.
“Kelsey is a new mother who was manifesting symptoms of postpartum depression at the time of the incident,” Bradl said. “She needed help. She needed compassion.”
Fitzsimmons previously received mental health treatment at Lawrence General Hospital after police responded to her house in March for “a female having a mental health episode.” Court documents show Fitzsimmons was willing to go to the hospital and had given birth a few weeks prior.
She was held under Section 12 by hospital staff for 12 hours and also diagnosed with postpartum depression, according to court documents.
Bradl said his law office intends to address the “shoot first fallacy” which triggers a police officer to respond with deadly force at the initial sight of a weapon. He said Fitzsimmons was met with deadly force instead of the officers deescalating the situation. Bradl referenced how Massachusetts law prohibits using deadly force on a person “exhibiting only a danger to herself.”
He called what happened and the aftermath “an appalling campaign to criminalize her in order to deflect accountability from the agency responsible for this botched response.”
Massachusetts State Police detectives assigned to Essex County District Attorney Paul Tucker’s office are conducting the investigation. At a press conference July 1 at the North Andover police station regarding the incident, Tucker said his office was waiting on a full report after conducting various interviews with the officers involved before releasing “the very granular details” of what led to the shooting and if Fitzsimmons was armed.
Investigators also were looking to see if any camera footage was available from the shooting. On July 1, Tucker said he had not seen any footage. At last week’s press conference, North Andover police Chief Charles Gray said his department does not use body cameras.
Bradl said his office will examine “officer created jeopardy” and collect all training records and prior incidents to see if inadequate training led to the officer firing his gun.
“We intend to fight these charges with every legal resource available,” Bradl said.