Kelsey Fitzsimmons, North Andover police officer shot by colleague, found not guilty after bench trial: “I can breathe again”
North Andover police officer Kelsey Fitzsimmons was found not guilty of assault with a dangerous weapon Thursday following a bench trial that lasted less than three days.
In his verdict, Lawrence Superior Court Judge Jeffrey Karp said he was left with reasonable doubt after hearing the case.
Fitzsimmons was accused of pointing her gun at fellow police officer Pat Noonan when he entered her home to serve a restraining order last summer. Noonan then shot Fitzsimmons, who maintained she pointed her gun at herself, not Noonan.
Kelsey Fitzsimmons verdict
The verdict was reached after less than two hours of deliberation by Judge Karp. He decided the verdict alone because Fitzsimmons chose to have no jury for this trial.
Karp said that he found testimony from both officers Noonan and Fitzsimmons to be credible, which he called “unusual and somewhat perplexing.”
The judge added that he disagreed with prosecutors’ assessment that there was only one possible explanation for how a bullet could have ended up in the chamber of Fitzsimmons’ gun.
In addition, the judge said the case would have been much simpler to prove if police were wearing body cameras.
Fitzsimmons spoke about the verdict outside of court. She said she would not comment on whether she plans on returning to the police force.
“I got shot. I went to jail for 103 days. I haven’t seen my son. I had to sell my home that I worked very hard for. So this is my first breath of fresh air and I feel like I can breathe again,” Fitzsimmons said. “However, my fight is not over. I have a son that I need to reunite with, and that’s where we’re at right now.”
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Essex DA disagrees with verdict
In a statement, Essex County District Attorney Paul Tucker said they disagreed with the judge’s verdict.
“The indictment against Kelsey Fitzsimmons was brought in good faith, supported by credible police testimony, and corroborated by the physical evidence. While respecting the Judge’s verdict, we disagree,” Tucker said in a statement.
“We also commend the professionalism and civility of prosecutors involved in this highly public and emotionally charged case as well as this being an instance of police officers acting to the best of their ability during a tragic and rapidly evolving incident. The work of police officers, particularly in cases involving restraining orders, is extremely dangerous and I recognize their dedication, courage and willingness to serve.”
Closing arguments in Kelsey Fitzsimmons trial
Closing arguments in the bench trial were held earlier Thursday. The defense argued that Noonan had motive to change his story because he used excessive force. The prosecution, meanwhile, tried to show the judge that Fitzsimmons lied while on the stand.
Fitzsimmons was the final witness in the trial Wednesday before both sides rested their cases.
Prosecutors claimed Fitzsimmons pulled a gun on Noonan inside her home on June 30, 2025 and pulled the trigger, but there was no bullet in the chamber. Noonan testified that Fitzsimmons tried to get another round in the chamber and started to point the gun at him again. He fired two shots at her. One hit her in the chest, the other missed. Fitzsimmons spent weeks in the hospital with a collapsed lung and was later charged with assault.
On the stand Wednesday, Fitzsimmons testified she never pointed the gun at Noonan but instead put the weapon up to her head in a suicide attempt.
Officers were at her house in North Andover to serve her with a restraining order from her then fiancé, who wanted custody of their four-month-old son. They planned to take the baby for two weeks before a court hearing.
Timothy Bradl gave the closing argument for the defense. James Gubitose then gave the closing argument for the prosecution.
“She lied to you,” prosecutor tells judge
Gubitose told the judge that it’s “scientifically, mechanically impossible” for the incident to have played out how Fitzsimmons claims it did.
Fitzsimmons testified that she pulled the trigger with the gun at her head and nothing came out. But Gubitose argued that the magazine in evidence had 16 rounds in it and Fitzsimmons had a 17-capacity gun. There was one round in the chamber of the weapon.
“The only way a bullet gets in this chamber is if someone racks the gun,” Gubitose said.
Officer Noonan testified earlier in the trial that Fitzsimmons performed a “tap-rack” maneuver on the gun before pointing it at him. A “tap-rack” is when a person taps the magazine and racks the gun in order to get a bullet into the chamber.
“She got up on that stand and she lied to you. It’s scientifically and physically impossible for her story to have happened the way that she said. That’s what the evidence shows,” Gubitose said.
During his closing argument, Gubitose used Fitzsimmons’ gun to demonstrate what he was describing.
The prosecutor argued that Officer Noonan showed restraint that day, only shooting when Fitzsimmons performed the tap-rack and pointed the gun. He also noted that Noonan only shot twice, stopping when the threat was neutralized.
“He should be applauded for his actions on that day,” Gubitose said.
Gubitose’s closing argument lasted just under 20 minutes.
Defense closing argument
“Her whole world imploded, her fiancé betrayed her, her baby was taken away. She was going to lose her house, her job. There was an incredible confluence of tragedy that was visited upon her that day,” Bradl said in defense of Fitzsimmons.
The defense attorney said Officer Noonan “walked into a suicide in progress.” Bradl argued that Noonan came into the room and Fitzsimmons already had her service weapon to her temple, and he claimed she never pointed it anywhere else.
“This should be over. It should be an acquittal, your honor,” Bradl said.
As Fitzsimmons testified, Bradl said that his client made attempts to get her fellow police officers away from her so that she could end her life without them in the room.
Bradl argued that Noonan shooting Fitzsimmons was “not a reasonable use of force.” The defense attorney argues that Noonan changed his story for that reason.
“He knows this is not a good shooting. He knows this is not a clean shooting. And that gives him a motive, your honor,” Bradl said. “There is reasonable doubt when there are two plausible explanations of what happened.”
Bradl said that of the officers in the house, Noonan is “the only one with a Rambo story.” He claims Noonan had a “brain freeze” and decided to shoot Fitzsimmons when he saw her with the gun to her head.
“Kelsey Fitzsimmons has been blessed. She should be dead two times over. By her own hand, and by the hand of Officer Noonan, who shot too quick. She’s blessed. She’s here today and she has a new lease on life,” Bradl said.
The defense’s closing argument lasted just over 15 minutes.
Objections after closings
After closing arguments were complete, attorneys went to sidebar with the judge. After that sidebar, they discussed several objections that Bradl had with Gubitose’s closing.
Among the objections was the way that Gubitose used Fitzsimmons’ gun to demonstrate her alleged actions.
“No one is saying it didn’t happen. We’re saying Kelsey didn’t do it,” Bradl said, regarding the tap-rack maneuver the prosecution claims Fitzsimmons performed.
“The fact that there’s two different versions about what people testified about is fair game,” Judge Karp said.
Bradl had other issues with motions Gubitose made with the gun, but the judge interjected.
“Whether or not Officer Noonan exercised reasonable use of deadly force is not before me. Whether the North Andover Police Department followed procedure in serving this restraining order is not before me. Child custody is not before me. Visitation is not before me,” the judge said.
“What’s before me is has the Commonwealth proven beyond a reasonable doubt that the defendant pointed that firearm for any perceptible amount of time at Officer Noonan? So all of this is just not helpful.”
Kelsey Fitzsimmons testimony
Fitzsimmons testified Wednesday about what she was thinking the day she was shot.
“I saw my baby go, my fiancé, my dog, my house and I knew it was going to be my job too,” Fitzsimmons testified.
It’s considered rare and risky for criminal defendants to testify.
“I feel like it was my only moment to finally say what actually happened,” Fitzsimmons told reporters outside court Thursday.
If you or someone you know is in emotional distress or a suicidal crisis, you can reach the 988 Suicide & Crisis Lifeline by calling or texting 988. You can also chat with the 988 Suicide & Crisis Lifeline here.
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