The Massachusetts police officer and new mother accused of pulling a gun on fellow officers making an attempt to serve a restraining order will stay behind bars forward of her trial — after she refused breathalyzer testing, the state’s supreme court docket dominated.
Kelsey Fitzsimmons, 28, will keep held with out bail after she appealed a decrease court docket’s choice to maintain her jailed for refusing to adjust to alcohol breathalyzer testing required for launch, the Boston Globe reported.
Fitzsimmons’ attorneys argued she was improperly denied bail due to the breathalyzer requirement, suggesting that she may have performed urine testing to watch her sobriety and that her accidents prevented her from blowing right into a breathalyzer.
The North Andover cop was shot within the chest in June after allegedly pointing a pistol at fellow officers coming to serve her a restraining order.
Fitzsimmons pulled the set off on her weapon, however the gun wasn’t loaded. Police shot Fitzsimmons to subdue her.
She had given beginning to a child simply months earlier in March and had been struggling some extreme postpartum despair, main her then-fiancé to allegedly worry for her and their baby’s life and request a restraining order.
Fitzsimmons was hospitalized after which despatched to jail for months after the accident earlier than lastly being launched in September — solely to be detained once more inside days over the breathalyzer matter, MassLive reported.
And Massachusetts’ Supreme Judicial Courtroom has now upheld that detention in a 10-page ruling.
“We conclude that the listening to choose didn’t abuse her discretion in denying the request and detaining Fitzsimmons,” the ruling obtained by the Globe learn.
“After the August 28 dangerousness listening to, the listening to choose appropriately imposed the situations limiting Fitzsimmons’s launch, together with the SCRAM [breathalyzer] requirement.
“Though Fitzsimmons argues that alcohol didn’t play a job within the June 30 incident, the fabric submitted by the Commonwealth on the August 28 listening to indicated that she ‘struggled with … aggression … and alcohol abuse,’” it continued, noting Fitzsimmons had been convicted of an alcohol-related misdemeanor in 2019.
Fitzsimmons’ trial for assault fees is anticipated to start on Feb. 9.
She has pleaded not responsible and denied ever pointing a weapon at police — insisting that she had really put the gun to her personal head.
“My firearm was by no means pointed in any course apart from my temple,” she mentioned in a July assertion. “Once I pulled the set off, my gun didn’t hearth. Nevertheless, I instantly acquired shot within the chest by my colleague and pal.”
Fitzsimmons had been hospitalized in March for postpartum despair after her baby’s February beginning, and simply two days earlier than the capturing, she allegedly started making alarming threats about herself and her baby.
That prompted her firefighter fiancé to hunt custody of the kid.
“I worry if she doesn’t have me she’s going to kill the infant as a result of she has mentioned she has nothing apart from me,” he wrote in a submitting round June 29. “Fitzsimmons is a hazard to myself, her son and herself.”
By June 30, Fitzsimmons was shot within the chest as cops tried to serve the following restraining order.
