Judge Clears Massachusetts Officer on Maternity Leave — Accused of Shooting Colleague During Restraining Order Service

Essex Superior Court Judge Jeffrey T. Karp has delivered a verdict in the widely followed Massachusetts cop vs cop case. Kelsey Fitzsimmons, who was accused of assaulting her colleague, Patrick Noonan, with a dangerous weapon, has been acquitted of the charge.

The case stemmed from a June 30, 2025, incident, when Noonan, along with other North Andover Police Department officers, arrived at Fitzsimmons’ home to issue her a restraining order filed by her fiancé, Justin Aylaian.

Fitzsimmons had recently given birth to a son and was suffering from postpartum depression. Aylaian said he filed the restraining order fearing that Fitzsimmons could harm herself or their baby. As Noonan entered Fitzsimmons’ room, he claimed she pointed her service gun at him and pulled the trigger.

However, the weapon did not go off. According to Noonan, his colleague then once again loaded the gun. But Noonan shot her instead, and a bullet punctured her lung. Fitzsimmons then spent over 50 days recovering in the hospital and was later sent to prison over assault charges.

In her defense, Fitzsimmons argued that she had not brandished her gun at Noonan and was instead pointing it at herself. She said she wanted to shoot herself, believing that she had lost everything in life, as her colleagues were going to take her baby away from her. Fitzsimmons opted for a bench trial, and hence, a jury was not involved in the hearing.

After three days of testimony, Judge Karp announced the verdict on March 26. The judge acknowledged that it was a difficult decision to make, but maintained that the prosecutors did not have enough evidence to prove that Fitzsimmons had assaulted Noonan.

“I’m left with a reasonable doubt, and I’m duty-bound to find that the Commonwealth has not met its burden to prove that Ms. Fitzsimmons committed an assault by means of a dangerous weapon on Officer Noonan. And my verdict is and must be not guilty,” he said. Karp also stated that it was one of the most difficult cases he had presided over.

“This has been one of the more exhausting, hardest things I’ve had to do as a judge. There is no requirement that a judge explain their reasons for reaching a verdict in a bench trial. I do in this case, because I think Ms. Fitzsimmons, Officer Noonan, and all of the people involved in the tragic events of June 30, 2025, deserve an explanation,” he remarked.

After the ruling, Fitzsimmons appeared before the media and said she could finally have a sigh of relief. “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. This is my first breath of fresh air, and I feel like I can breathe again,” she stated.

However, she added that her fight is far from over as she is determined to win back the custody of her son. Had Fitzsimmons been found guilty, she would have faced up to five years in state prison.