LAWRENCE, MASS. (WHDH) - A North Andover police officer who is facing an assault charge after she was shot by another police officer during a confrontation at her home last summer appeared in court Friday, asking a judge to change the terms of her release.
Kelsey Fitzsimmons is a North Andover police officer who was off-duty when she was shot by a fellow officer at her home on Phillips Brook Road in July 2025. She is accused of pointing a gun at that officer while he was trying to serve her a restraining order from her fiancé.
Fitzsimmons was on leave at the time, and her attorney argues she was suffering from postpartum depression.
Two stories have emerged from the events of that day. Police say Fitzsimmons pulled a gun on them, while her defense team argues she pulled the gun on herself. Police shot at Fitzsimmons as a result.
Fitzsimmons has pleaded not guilty to one count of assault with a deadly weapon.
In court Friday, Fitzsimmons’ attorney focused on new surveillance video of Fitzsimmons’ fiancé entering her home three days after the shooting and removing items with the help of three friends. He said the video was recorded while she was in the hospital recovering from a gunshot wound.
“This was an incredibly egregious thing this guy did,” said Timothy Bradl, Fitzsimmons’ defense sttorney. “Ms. Fitzsimmons was in the hospital fighting for her life. That was her home. He had gone and got a restraining order, in which he swore in the affidavit, ‘I dont live there.'”
The prosecution claims he was given permission to enter by North Andover police.
“Our office looked at it, and we determined we are not going to charge him for these crimes. I don’t even know if he knows that this is out there,” said Prosecutor James Gubitose.
Bradl argues he lied to get in, broke down a door, and should be facing charges.
“They’re in a conflict of interest, and the court should direct them to appoint a special prosecutor because they cleary have a conflict of interest, they’re trying to prop this guy up for their own case,” Bradl said.
The judge says he does not have the authority to determine a conflict of interest; that is the job of the District Attorney.
Bradl also asked the judge to change her terms of release, since she currently has to give her probation officer 48 hours notice before she can travel to his office for trial preparation. The judge reduced the terms to two hours, and ruled that Fitzsimmons can drive herself.
Fitzsimmons spoke about the decision after the hearing.
“I think it’s a step in the right direction, we’re only a few weeks away from trial,” Fitzsimmons said outside court Friday. “This is definitely the hardest thing I’ve ever gone through in my life, and we’re just going to stand strong and make it to trial.”
The next hearing in this case will be in mid-March. The trial is expected to begin March 23.
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