Trial of Massachusetts Officer Involves Conflicting Accounts

A Massachusetts state trooper, Kelsey Fitzsimmons, testified at her trial that during a confrontation last year she was attempting to kill her fiancé by staring at a fellow officer who ended up shooting her in the chest.

Fitzsimmons, who serves as a police officer in North Andover, faced doubts from Officer Patrick Noonan regarding her testimony about the incident that occurred as she sought a restraining order against her fiancé, Justin Eilian. This order stemmed from a custody battle over their 4-month-old son.

Fitzsimmons claimed she was struggling with severe postpartum depression at the time but has since sought help.

Noonan recalled a tense moment in court, stating, “I think I was preventing her from coming downstairs and killing Justin,” as Judge Jeffrey Karp prepares to decide whether or not Fitzsimmons is guilty of assault with a deadly weapon.

During the trial, Fitzsimmons showed visible disbelief while listening to testimonies against her, leaning in to whisper to her attorneys in a Lawrence courtroom.

Under cross-examination by her attorney Timothy Bradl, Noonan maintained that Fitzsimmons aimed the gun at him and pulled the trigger, but encountered a malfunction—resulting in just a click. He noted she attempted to clear the jam by “tap racking” the gun twice before eventually firing two shots, one of which struck her.

All of this transpired in a mere four seconds. In the courtroom, Bradl suggested that Fitzsimmons had raised the gun to her own head out of desperation after feeling humiliated by her colleagues who were taking away her service weapon and her child.

“Are you aware that it’s prohibited to use deadly force against someone who only harms themselves?” Bradl confronted Noonan. To which he replied, “Of course.”

Bradl then questioned why Noonan opted for his weapon instead of a Taser. Noonan responded, “We will respond to deadly force with deadly force.”

Fitzsimmons had been on maternity leave and was due to return to her duties in July before the situation escalated dramatically. According to Eilian, she was so unwell that she felt it necessary to leave with the baby and secure the restraining order out of fear for their safety.

Fitzsimmons chose a bench trial, meaning that a judge will determine her fate rather than a jury.