Opening statements begin in Kelsey Fitzsimmons assault trial over North Andover restraining-order confrontation and shooting
Day 1 begins with a case centered on a single felony count
Opening statements began Monday, March 23, 2026, in the criminal trial of Kelsey Fitzsimmons, a North Andover police officer charged with one count of assault with a dangerous weapon. The prosecution and defense are expected to present competing accounts of what happened during an armed confrontation at Fitzsimmons’ home that ended with her being shot by another officer.
The charge stems from events on June 30, 2025, when officers went to Fitzsimmons’ residence to serve an abuse prevention order. The central factual dispute heading into trial is whether Fitzsimmons aimed and attempted to fire a gun at an officer, or whether she drew the weapon in an attempt to harm herself without pointing it at police.
What prosecutors allege happened inside the home
Authorities have alleged Fitzsimmons deceived officers about the location of firearms in the home, then drew a gun, pointed it at an officer, and pulled the trigger during the encounter. The case has been litigated extensively before trial, including issues tied to pretrial detention and release conditions, and the charge proceeding to trial is assault with a dangerous weapon.
What the defense says happened, and what is not in dispute
Fitzsimmons has publicly maintained she did not point a gun at a fellow officer and that the moment she pulled the weapon was part of a suicide attempt. It is not disputed that she was shot during the confrontation and required prolonged hospitalization. Court filings and prior hearings have also established that the officers were at the home to serve an abuse prevention order obtained by Fitzsimmons’ former fiancé, who is also the father of her child.
Charge at trial: One count of assault with a dangerous weapon.
Date of underlying incident: June 30, 2025.
Key question for fact-finders: Whether a gun was aimed at an officer and intentionally fired or attempted to be fired, versus a self-harm attempt without an aim at police.
Collateral disputes: alleged break-in and claims of missing evidence
In the weeks leading up to trial, the case drew additional attention after the defense alleged Fitzsimmons’ former fiancé forced entry into the home days after the shooting—on July 3, 2025—while Fitzsimmons was hospitalized. The defense has asserted items were taken, including electronics and a letter they characterize as relevant to credibility and custody-related disputes.
The former fiancé has acknowledged forcing entry but has said he believed he had a legal right to enter and retrieve belongings. Prosecutors have said they would not pursue charges related to the alleged break-in. The episode is separate from the assault charge but has become part of the pretrial record through motions and public statements.
The trial’s opening statements mark the start of the fact-finding phase in a case that has already generated extensive pretrial litigation over custody, release conditions, and the scope of evidence disputes.
What to watch as testimony unfolds
As the trial moves beyond openings, the proceedings are expected to focus on the moment-by-moment sequence inside the residence, the handling and location of firearms, what officers perceived as an imminent threat, and forensic or technical evidence bearing on whether a trigger was pulled and whether a round was fired or attempted to be fired. The court will also address how much, if any, evidence related to the post-incident home entry is admissible and for what purpose.
The outcome will turn on which version of the confrontation is supported by testimony and exhibits, and whether the prosecution proves the elements of assault with a dangerous weapon beyond a reasonable doubt.