Kelsey Fitzsimmons was found not guilty. Now she’s suing.

Local News

The former North Andover police officer was charged with assault after a colleague shot her last year. A judge recently found her not guilty.

Kelsey Fitzsimmons, a former North Andover police officer who was at the center of a high-profile trial after being shot by a colleague, is now taking legal action against the town. 

Fitzsimmons was acquitted of an assault charge last week. She is planning to file a civil lawsuit against town officials, Courtney Healy, a paralegal in the office of attorney Tim Bradl, confirmed Thursday morning. Fitzsimmons’s legal team is expected to file presentment letters Thursday, a precursor to civil litigation. 

The details of the claims the lawsuit will contain are still unclear, but Bradl told NBC10 Boston that her legal team is pursuing “civil rights action” and “negligence action.” Bradl questioned why Fitzsimmons’s colleagues were tasked with serving her a restraining order on the day of her shooting, and why they allowed her former fiancé into the home while they were serving the order. 

Neither North Andover Police Chief Charles Gray nor Town Manager Melissa Rodrigues responded to requests for comment. 

Fitzsimmons was shot last June when three fellow officers arrived at her home to serve her a restraining order. That order had been granted to Fitzsimmons’s former fiancé, North Andover firefighter Justin Aylaian. 

The pair had a baby last February, and Fitzsimmons has been open about her struggles with postpartum depression. She was on leave on the day of the shooting but was only a few days out from returning to the force. 

Aylaian said that Fitzsimmons’s behavior had caused him to fear that she could be a danger to herself, to him, and to their young son. He outlined these concerns in an affidavit when applying for the restraining order. 

As Fitzsimmons gathered baby items around her house that day, she was left alone on the second floor with officer Patrick Noonan. She pulled out a gun of her own and was ultimately shot by Noonan. 

Noonan testified that Fitzsimmons aimed her weapon directly at his face and pulled the trigger, only to find that there was not a round in the chamber. Fitzsimmons maintained that she only ever pointed the gun toward her head in a sudden attempt to take her own life. 

Fitzsimmons was charged with assault and hospitalized for more than 50 days. 

The North Andover Police Department does not use body-worn cameras, something the judge who oversaw the bench trial pointed out while announcing his not guilty verdict last week. 

Fitzsimmons has questioned why the department does not use body-worn cameras. She is also hoping to work with lawmakers to push for reforms regarding the process for obtaining restraining orders. 

In the lead up to the trial, Fitzsimmons’s legal team attempted to obtain disciplinary records relating to Aylaian. They also questioned whether Noonan received favorable treatment from superiors in the months after the shooting.