NORTH ANDOVER, Mass. — A North Andover police officer who was shot by her fellow officers while being served a restraining order is set to be released on bail while awaiting trial.
Kelsey Fitzsimmons, 28, was in court on Tuesday to complete a daily alcohol test, a condition set when bail was granted in September. On Monday, the Massachusetts Supreme Judicial Court denied her appeal to be freed without taking the test.
Fitzsimmons’ attorneys previously argued that injuries from the shooting made it too painful to blow into a breathalyzer tube. They now say those injuries have healed, and Fitzsimmons was able to pass that test.
Fitzsimmons was shot in June during an encounter with officers serving a restraining order.
Prosecutors claim she had a gun during the incident. Fitzsimmons says she was suffering from postpartum depression and insists she never pointed her weapon at police.
Fitzsimmons was indicted for assault by means of a dangerous weapon by an Essex County grand jury in August.
As part of her release, Fitzsimmons will be confined to house arrest except for limited health appointments.
She’ll have to wear a GPS tracker and can have no contact with her former colleagues, witnesses in the case, or her own child.
Her trial is scheduled to start on February 9th.
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