Former Massachusetts Police Officer to Sue Department After Shooting Incident
A former Massachusetts police officer, acquitted of pulling a firearm on her colleagues during a chaotic home confrontation, is now preparing to file a lawsuit against her former department. Kelsey Fitzsimmons, 29, announced her legal intentions following a not guilty verdict last week, stemming from an incident where she was shot by a fellow officer.
Details of the Confrontation and Shooting
The incident occurred when North Andover Police Department officers arrived at Fitzsimmons' residence to serve a restraining order filed by her firefighter fiancé, Justin Aylaian, 32. According to police reports, Fitzsimmons was accused of pointing her service weapon at the officers and attempting to fire, though the weapon jammed. Fitzsimmons maintains she was attempting suicide due to postpartum depression, not threatening the officers.
During the confrontation, Officer Pat Noonan shot Fitzsimmons in the chest, causing a collapsed lung that required weeks of hospitalization and five surgeries. Following her recovery, she faced charges of attempting to gun down her colleagues, but was acquitted after a trial.
Legal Action and Civil Rights Claims
Fitzsimmons has filed a formal demand for payout with the Town of North Andover, a precursor to a civil lawsuit. Her attorney, Timothy Bradl, stated the action will include civil rights and negligence claims against the department. Bradl criticized the handling of the restraining order service, questioning why Fitzsimmons' own colleagues were involved and why her fiancé was allowed to rummage through her home alone.
'What is my life worth to you? That's kind of how I feel,' Fitzsimmons said about the ordeal, highlighting her trauma and the upcoming legal battle.
Body Camera Controversy and Department Response
Fitzsimmons has raised concerns about the North Andover Police Department's lack of body cameras, suggesting the incident might have been clarified with video evidence. 'I think it's weird that they don't have them. I would never have been through half of what I've been through if they did have them,' she told media outlets, adding that cameras protect officers who act correctly.
The department faced backlash after a Facebook comment on Fitzsimmons' lawsuit, described as 'heartless,' appeared on its page. Police Chief Charles Gray stated the comment came from an unauthorized former employee and does not reflect department values. The Facebook page was temporarily disabled, and an investigation was promised.
Post-Incident Advocacy and Recovery
Fitzsimmons has been encouraged to advocate for improved restraining order procedures in Massachusetts. She shared a photo of her bullet wound on social media, noting it was an inch from her spine, to counter what she called insensitive department statements.
Officer Noonan claimed Fitzsimmons raised her gun and pointed it at him, leading him to fear for his and her fiancé's safety. Despite this, Fitzsimmons and her attorney are proceeding with legal action, with presentment letters expected to be submitted against the town.
