North Andover officer shot by colleague must remain in jail, highest court rules

"A judge ordered her return to jail after Fitzsimmons said that she could not use the alcohol testing device because breathing into it caused tremendous pain, dizziness, and prevented her broken ribs from healing fully. Citing Fitzsimmons's "history of aggressive behavior while intoxicated," the judge determined that the use of the alcohol testing device was necessary to ensure the safety of the public. Since Fitzsimmons could not meet the conditions of her bail, she had to return to jail."

"The North Andover police officer who was shot by a colleague in an "armed confrontation" earlier this year is set to remain in jail ahead of her trial after the state's highest court ruled against her this week. The officer, Kelsey Fitzsimmons, faces one charge of assault with a dangerous weapon in connection with an incident that occurred in her home on June 30. She has pleaded not guilty."

"Fitzsimmons, who was off-duty at the time, was shot by another NAPD officer when her colleagues came to serve her a restraining order. Fitzsimmons says she had been struggling with postpartum depression. The restraining order was granted to her fiancé, who said in an affidavit that Fitzsimmons's actions leading up to the incident made him fear for his safety as well as hers and that of their infant child."

Kelsey Fitzsimmons, a North Andover police officer, is jailed pending trial on one charge of assault with a dangerous weapon related to a June 30 incident at her home. She has pleaded not guilty. Fitzsimmons was shot by another officer when colleagues came to serve a restraining order granted to her fiancé, who said her actions made him fear for his, her, and their infant's safety. Fitzsimmons reported struggling with postpartum depression and spent weeks hospitalized for a gunshot wound before transfer to jail. She was briefly released on conditions including alcohol testing, but she said breath testing caused tremendous pain, dizziness, and hindered healing of broken ribs. A judge cited her "history of aggressive behavior while intoxicated," ruled the device necessary for public safety, and ordered her return to custody when she could not comply. Fitzsimmons and her lawyers sharply criticized the judge and appealed to the state's Supreme Judicial Court.

Read at Boston.com