SALEM, Mass. (Court TV) — After more than 100 days behind bars, a former Massachusetts police officer was released from jail pending trial after telling a judge she can now perform a breathalyzer test.
Kelsey Fitzsimmons enters court for a bond hearing on Dec. 23, 2025. (Court TV)
Kelsey Fitzsimmons was held without bond on a single charge of assault with a dangerous weapon after allegedly pointing a weapon at a colleague in the North Andover Police Department while they were serving a restraining order. Fitzsimmons has pleaded not guilty and, through her attorney, has said she was suffering from postpartum depression and only wanted to hurt herself.
When officers were serving a restraining order on June 30, Fitzsimmons is accused of pulling a gun, prompting one of the officers to shoot her in the chest. The shooting caused a collapsed lung, broken ribs and liver damage — but also left her unable to comply with a condition of her release: SCRAM monitoring. The monitoring system measures someone’s breath for the presence of alcohol by requiring them to blow into the device. When Fitzsimmons was unable to comply, she was ordered to stay in jail.
Fitzsimmons returned to court on Tuesday after her attorneys filed an expedited motion claiming a change in circumstances: she could now comply with the SCRAM testing.
At the hearing, Judge Kathleen McCarthy-Neyman questioned the timeline of events, noting that documentation suggested Fitzsimmons was capable of complying with the testing on Nov. 24. “The court has been open to this kind of motion for three months,” Judge McCarthy-Neyman said.
Tim Bradl, representing Fitzsimmons, said the decision was purely legal; they had to wait for their appeal of the judge’s decision to play out before they could return to court to seek a modification.
In a news release announcing Fitzsimmons’ release from custody, Bradl said her family is thrilled to have her home. “Her resilience in the face of incredible physical and emotional stress is extraordinary. This isn’t just a legal victory; it’s a victory of the human spirit.”
Under the conditions of her release, Fitzsimmons will have to comply with alcohol testing, as well as GPS monitoring, house arrest and follow any treatment plans laid out by her doctors.
