Judge acquits Kelsey Fitzsimmons, former North Andover police officer shot by colleague
The Boston Globe • • general
Key Points:
- Kelsey Fitzsimmons, a former North Andover police officer, was acquitted of assault with a dangerous weapon for allegedly pointing a gun at an officer who shot her while serving a restraining order.
- Judge Jeffrey Karp ruled there was reasonable doubt about whether Fitzsimmons aimed the gun at Officer Patrick Noonan or kept it pointed at herself, leading to the acquittal.
- Both Fitzsimmons and Noonan were deemed credible witnesses, making the case difficult to decide, especially given the rapid and cramped nature of the incident.
- The judge rejected the prosecution’s argument that physical evidence disproved Fitzsimmons’s account, stating that the presence of a round in the chamber did not conclusively prove she pointed the gun at Noonan.
- Even if Fitzsimmons was mistaken or untruthful about handling the gun slide, the judge found her testimony that she never aimed the gun at Noonan to be credible and decisive.
