Part 2 | Blue on Blue: Kelsey Fitsimmons and the Cop-on-Cop Shooting

0:20 Hey everyone, welcome back. I'm your host, Jim Chapman, and we are continuing with part two of the Exposed Investigates Blue on Blue two part series, which covers the cop on cop shooting of Kelly Fitzsimmons. So if you have not heard part one, go check that out, go listen to it, so you'll be caught up. And we're gonna again pick up where I left off last week. Now, when I left you last Kelsey had been airlifted to the hospital. She had to undergo incidentally five surgeries within this time inside of the hospital, and while she's doing that, justin her fiance he allegedly figured, hey, that will be a good time to break into her house, steal her laptop some other things. And that's where I left off last episode. So picking up, according to reports, allegedly he gets that laptop and he goes back to his house, meaning justin and we know he had it because allegedly he connects to the Internet at his home and when you do that, guess what, there's a track record of that.

1:32 The IP address is going to show up somewhere. And she is in the hospital this whole time, fighting for her life. Now a few of the other things Justin allegedly did. He allegedly accessed her Facebook and Gmail accounts, accessed her bank accounts with drew approximately five thousand dollars. He also accessed her medical records allegedly and the beneficiary information to her life insurance. He also canceled travel reservations that she had already paid for and then redirected those funds into his own account. Now, after doing all of this, he returns that laptop to her home and Kelsey is still hospitalized at this point. And I'm only speculating here, but he probably realized, oh shit, she's going to live, and I've got her laptop at my house, and so now I have to go return that because I can tell you initially he probably, like everybody else, wasn't so sure she was gonna make it. It was very bad for her critical And that's just my speculation, but it's the only thing that makes sense to me as to why he would return that laptop back to her house. So, all told, Kelsey Fitzsimmons spends fifty three days in the hospital recovering. And what is really crazy to me is that during her stay, while she is still in the hospital,

3:04 Massachusetts State Police show up, and this girl at this point is far from being released from the hospital, y'all. It's really only clear at this point that she was going to live. She was still on a long road to recovery. They go to her hospital bed, mind you, and they arrest her. Now, they don't take her away and handcuff her and bring her to jail because she's in bad freaking shape, but they do arrain her, if you will, right there on the spot in her hospital bed. And what is, in my opinion at this point in the investigation, a very questionable case. And we'll get into that later on, but I want you to listen to this clip.

3:47 Thank youse. Okay, my name is Stevid and with the best stay police. I'm searching at the DA's office since it's Camra Teas and just so you know, I have a body came on so unfortunately have the police winner arrest today. We're gonna a clear attorney so he knows, and then we're gonna try to get you arraigned via soon as soon as possible. All Right, I'm sorry, this kind of shocked, but. I trust you something. You're staying here, You're gonna get rid from your bed, all right, either we're gonna do it from my laptop. I don't know the ten buck come down here my dude's face cell phone.

4:30 But so she is arrested theoretically, but she's still in that hospital bed, and while she is recovering, a grand jury is convened on charges of assault to commit martyr against officer nooned so from her hospital bed. This is on July seventeenth of twenty twenty five. She does release a statement and it is extremely important. This is a little bit lengthy, but it's a extremely important that you hear this. It starts. My name is Kelsey Fitzsimmons, and as I recover in my hospital bed, I'm ready to speak about the incident that took place on June thirtieth, twenty twenty five, in my own home, where I almost lost my life. I was diagnosed with postpartum depression in March of twenty twenty five, approximately three weeks after giving birth to my beautiful baby boy. I have actively been in treatment since the day of my diagnosis and was eager to heal and feel like myself again. Unfortunately, a sickness does not happen overnight. However, what can happen overnight is my life turning upside down into something so horrible my mind wouldn't be able to imagine it if it weren't my current reality. Someone who I thought understood my diagnosis, loved me in sickness and in health, and was in my corner for my journey of my active treatment to get better, turned their back on me. Said person is now legally bullying me to get what they want during my character and using my diagnosis against me to make

6:04 me seem like I am a monster. There are more false allegations than I can even comment on. The deep love I have for my baby boy sustains me and keeps me strong. I haven't spent more than a night away from him since I delivered him, and I adore every moment I spend with him. He's my best friend, my miracle, my little man, my sweet boy, and most importantly, a giant piece of my heart. Right now, that piece of my heart is missing when I need it the most. I'm five months postpartum without my baby boy, who needs me as much as I need him. I would never put that angel of a child in harm's way. My job as his mama is to protect him, and that is what I've always done and will continue to do for the rest of my life. Becoming a mother has always been my dream, and I never made any threats toward my baby. That allegation specifically makes me sick to my stomach. I was alone with my baby day in and day out for mom caring for him as my fiance frequently worked twenty four to forty eight hour shifts, but conveniently, there were never any concerns up until now.

7:09 On June thirtieth, twenty twenty five, I received a phone call from my fiance to meet him at the park to go for a walk with our baby boy together. After almost three hours of waiting for him in the park and no communication from him, I went home very confused as he never showed up. About an hour later, I'm sitting on my couch feeding my baby boy when I got a knick on the front door. Very confused to see three in my colleagues, I opened that door and I am told the following. Your fiance has filed a restraining order against you. He will be taking your son away with no contact allowed. Your firearms license that was just returned is gone. Again, and oh, yeah, that career you worked so hard for and love that you were just cleared to return to that will be taken away too. Following this interaction, I packed my bags containing baby food, clothes, diapers, toys, etc. For my son to be taken away from me. I passed my son off to a fellow officer, and I went into my bedroom.

8:05 In that horrible moment, I did not want to live. After my whole war was turned upside down in a matter of a ten second conversation due to someone alleging horrible, untrue things. We have a broken legal system where anyone can walk into a courtouse write anything that self serves them on an affidavit, and as a result, a brand new mother suffering with postpartum depression gets her baby taken away. We are calling on legislature and the governor to reform this abomination of a statute where the first person to get to court and fill out a form can take a mother's newborn away from her if they can sneak it in front of a judge without the mother's notice or opportunity to be heard. If there's an immediate issue, someone can call nine one one the courts are not equipped for proper on the spot decision making in this context without a hearing for both sides. As a police officer, I am trained to know what to do if I counter a suicidal individual who is only a threat to themselves.

9:01 I am certainly not trained to shoot a suicidal person in the chest. But here I am today, two surgeries later, bedridden and trying really hard to deal with these significant injuries. I am facing felony charges for a half hearted attempt to take my own life. Let me say that again, I am in trouble and have a gunshot wanning to my chest because in that awful, isolated moment, I no longer had the will to live. I never pointed my firearm at that officer. That officer was not just a colleague, He was my friend. That officer and I experienced very difficult and sad called together last summer. That call for service that day was a true tragedy and cause this officer and I to build a friendship due to experiencing it together. We entered a home and walked into something no human being should ever see, a murder suicide scene with a mother an infant. As a rookie police officer.

9:57 This was devastating to me. At the time, I was twenty week pregnant. The officer that shot me experienced this call with me to this day. His support during that hard time is something I am still grateful for. Regardless of this recent incident that occurred. This traumatic murder suicide call was a catalyst for my mental health complications as a police officer myself, I would never even think to intentionally hurt another police officer. I see everyone in uniform as my brothers and sisters. I especially would never hurt a friend, my friend who has a loving wife and children. I just would never. My firearm was never pointed in any direction other than my temple. When I pulled the trigger, my gun did not fire. However, I immediately got shot in the chest by my colleague and friend. I'm extremely grateful for two things. That God protected me from my attempt from taking my own life and protected me by millimeters from dying from that gun shot wint into my chest.

10:56 I will survive and thrive. I know I need to be on this earth for many reasons, but most importantly my beautiful son. This is my covenant with God and my son. I would also like to note that from the very beginning, I acknowledge my diagnosis of postpartum depression and immediately sought help for medical professionals, I was failed by so many. The narrative that has been released by NAPD is vague and noncommittal for a reason. If body cameras were warned by my department, I would not be in a position where I am wrongly accused of pointing a gun at another officer. I know the truth will prevail. Kelsey Simmons, and that was her statement. She brings up a lot of good points, none more obvious than no body cameras. And look, a lot of departments don't wear body cameras for whatever reason. But this is certainly a case for the promotion of body cameras, because a body camera don't lie. But back to it. The grand jury, as I told you, convened and they return what's none as a no true bill indictment, meaning that grand jury they didn't feel like there was enough evidence to charge Kelsey with assault to commit murder. And keep that in mind, Look, it's not hard to get an indictment because a defense is not allowed to produce a defense to a grand jury.

12:16 All that happens in a grand jury indictment is the prosecution goes and they say, this is our evidence, and based off of this evidence, do you think there's enough evidence to convict? And a grand jury, which meets in secret, decides that they either do a true bill indictment or a no true bill indictment. In this case, they say, guess what, eh, there ain't enough evidence here to convict this girl of pointing a gun this officer. But rather than back off that point, meaning the prosecution in the District Attorney's office specifically, they just lower the charges to assault. And the reason that they do that is there's not as high a arding of the evidence to convict someone of assault. Assault only carries a five year prison sentence, so they lower the charges, they reshow this evidence, and they're able to get an indictment on that. So on August twenty eighth, Kelsey, who was just recently released from the hospital, she gets arranged and she pleads not guilty to these charges. Now, the judge that we're going to talk about for a second, her name is Judge McCarthy naming, and she allows Kelsey to be released under house arrest.

13:34 And there were some other requirements that she had to have while she was waiting for her trial. One of those was she was not allowed to drink alcohol, and she had to submit to what's done as a scram alcohol test. And it's basically a machine that you breathe into and you can't just breathe like you breathe naturally. You've got to take deep breaths and breathe into this thing and it reads out an alcohol level, and you have to do this so many times per day. The problem was keep in mind, this girl was shot in the chest and the bullet punctured her lunch. You just got out of the hospital, You reckon it might be pretty painful to breathe into this thing several hours per day or whatever it was, well, it certainly was painful.

14:20 And her attorneys they do the right thing. They get a cord and they make some request. And I want you to listen to this next clip because it speaks volumes about what is, in my opinion, some malicious prosecution going on here and what the judge is doing, and she appears to have it out for Kelsey in a pretty personal way. This is from the hearing where her attorneys they're requesting another option to that scream machine in emotion, listen to this, So I received. A defendant's emergency emotions for immediate reach from Scramborder. So I'll hear from the. Movie party, thank you so much for judge.

15:01 This is an issue that. Causes Miss fit Simmon's a lot of pain and she I don't want to conflate her being able to pass the test because she's been passing them, but she has about four hours of pain and dizziness afterwards. And you know, I don't think anyone, and I know the court would share my thought that this shouldn't be a torture device for her. This shouldn't be something that causes her pain, impairs her rib healing, et cetera, et cetera. So you know, we're not trying to get any sort of advantage over anything. We just want her to not A to not be in pain for hours after these tests and b you know, we just want her to not have the anxiety that if she has a difficulty doing it, that she's going to get a knock on the door and get locked up.

15:54 You have mister January's email regarding his own observations about what happen. And incidentally, y'all, mister January is Kelsey, suprobation officer. So we continue, and you know, I think that says it all. That's someone that has no bias or interest and you know, probation enforces court orders and that's that. And he is telling the court this is a problem. Okay, So you're asking the court to adjust the court's order. That's been in effect for three days with no medical evidence to support your claim that she cannot do it. Well, I think you have two fidavits and the email from probation. I think that's pretty persuasive evidence that this is extreme.

16:36 The email from probation is not evidence. If you have any evidence, now is your opportunity to submit it. I don't understand the court's position. That's not evidence. Okay, it's an email. Let's here say, I'm calm Wes. Do you have a position as to the submissions of an email as evidence in this hearing to relieve the defendant Simmons of a. Condition that's been in effect for three days. I don't want to put anybody on the spot, but we have a a person who sent an email here. Okay, so you have a burden at Joe motion, What do you want to do, Well, Judge, I think that I don't think that we're I mean, he's a court saying that.

17:17 Papers and emails and affidatas are not sufficient. This is an email from a court from a probation officer. The court gives that zero weight. Well, then you have an affidata from Misfid Simmons, and you have an affidata from a mother of the physical observations of what happens. You know, I think it's self evident and it's common knowledge that if you have broken ribs that it's hard to breathe. What evidence do I. Have that she has current broken ribs and that she's suffering from broken ribs at this time? Well, you have an affidata from her mother. We have an affidat from Misred Simmons, and the other day we were here, I submitted the I believe I submitted the instructions from mass General about broken ribs. Okay, you know she's having brief difficulty give it's been observed probation, it's been attested to by her mother, and it's been attested to by Miss Fitzimmas. So it's just a very difficult scenario.

18:07 For her. So at this point the probation officer, mister January, he gets up and he tries to reason with this judge. She she answered the alert to take the test as scheduled. She unfortunately, she was unable to complete the test because she was unable to blow as long or as hard as needed to complete the test. So we also know that, and I observed it firsthand that whatever the injuries are, which I don't know, actually doesn't really matter to me. But when I was doing the installation process and observed what was genuine pain, like.

18:55 Any objection to any of the terms used by the probation officer. So and she ultimately passes the test, that's compliance. If she has missed the test, and then that would determine whether or not there is actually non compliance. This particular the case we don't deem no I will gain non compliance because she's complying with the scheduled program. I'm aware of pain based on my observations from the installation process. So as long as she's attempting to take the test, continues to attempt to take the test, and then ultimately takes the test, that's not non compliance.

19:37 That's someone that's well that's your meed, that's your position. That's non compliant. It's really after the court to decide whether somebody's compliant or not with conditions of release. It would never be brought to court by way of a pre trial violation for an incomplete test with the information that I've talked about. So a complete test does not initiate a pre trial violation or from our earth, because there are many reasons for a test to be incomplete. We don't that's not intentional non compliance. In the goal is to test to ensure that the persons solder, and that's not We don't deem that non compliance that we would never We never have and we never would in this case.

20:32 Attorney brides anything else to submit, I just offer I respect and I've heard your take on the probation email. But for the record, I would move that into evidence as well. And uh, I just want to also. Come up, do you have a position as to the admission of the email. Well, I think we just heard with the email, all right, So the emails excluded anything else. Sure for ourselves my email and I know it's but it's important that the court knows I didn't make a recommendation that scram condition be vacated. I never did that.

21:13 I never suggested, So it's all. That ye actually opposite January, nobody's asking you questions. Your testimony is complete. Are you asking to make a statement to the court. So it's fonted. If the court's under the belief that I've recommended that that condition. To be vacated or removed, then yet I haven't said one anything one way or the other. Sir. We're here for one purpose and one person purpose only, and that's for the motion to vacate the scram device. So Miss Fitzsimmons is able to do the scram Is that correct? Or is she not able to do it? I don't know. Is she not able to do it? I think I don't. Well, that depends on whether the court is willing to uh tolerate that material representing the court.

22:01 Is not tolerating anything. Okay, let's be clear. I'm not tolerating anything. The court is not tolerating anything. Mised Simmons is a defendant in Louis incarceration. My order was that she submit to scram. If she cannot do that, I need to know that she cannot. Can she do that or not? She can do it, okay, under the terms that are laid out in the affidata. So you're saying she can do it on her own terms, with significant pain and dizziness and having to recover for several hours. I understand what you're saying. It's certainly not the court's intention. It's not the court's position to have Miss Fitzsimmons in any pain at all.

22:45 So I appreciate your argument. Do you have anything else to add? I would suggest use that. I think there's other ways to do this. If the court wishes to have her tested for alcohol compliance lack of alcohol, that's completely fine with the defense, which is the means that's being employed is kind of a torture device for her, okay, and so we object undue process grounds to that. Oh okay, But I I it is not this court's intention. I understand the torture Missfit Simmons at all. The courts goal is to make sure the community is safe and officely Noonon is safe. So I hear you lot and clear that the defense views Misfit Simmons having.

23:26 To do this Graham as cruel and unusual and. Torture. Is that your position? Well, that's an Eighth Amendment position, I suppose that you be put in there as well. But Judge, I think that you know it's there's probably other alternatives that she could do that I believe are out there that but I know that might step on the court's other order for house arrested, you would have to go to a facility. I know there's like urine tests and other things like that. So I know there's other possibilities out there that. Again, she's not trying to use this to create a situation where she can go drink APCOA. Okay, not at all what this is about. So I just want to ask the court to consider any other alternatives that might not pose this type of an issue.

24:15 Okay, thank you, Attorney Googa Tosi or Attorning Morioti, do you have anything to add? No, okay, I'm going to leave the bench for a few minutes. So she takes a recess, and can y'all hear the disdain in the voice of this judge, the absolute disregard completely for the situation in hand. This judge is pissed at everyone by this point, including that probation officer. So she comes back from that recess and her ruling is absolutely shocking. And keep in mind, y'all, author asking her to come up with is another means to check the alcohol content rather than use that machine that Kelsey has to breathe in because it's so painful and she's recovering from a freaking collapsed long that is not too much to ask for. But listen to this and we're back.

25:14 On the record. But the Fitzsimmons matter. Okay, good afternoon, everybody. So I have reviewed everything again that's been submitted to me, and I will say for the record that Fitzsimmons has moved twice in a three day period to amend the pre conditions of release. Just days ago, the Core concluded. That the condition of remaining alcohol free and submittings to scrim monitoring was necessary to ensure the safety of the community. After a thorough review of all of the arguments. And submissions by the Commonwealth and Fitzsimmons, that conclusion remains unchanged, regardless of Fitzsimmons's claim physical limitations. Based on an affidavits submitted by Fitzsimmons's mother, the testimony of Assistant Chief Probation Officer Jeff January about his observations of Fitzimm's apparent pain during the SCRAM installation and the representation of Fitzsimmons Council that it would be cruel and unusual punishment and torture to continue to require Fitzimmons to comply with the condition of being monitored by SCRAM.

26:15 The Court concludes that Fitzimmons cannot abide by the condition of being monitored by SCRAM. Without this condition, which ensures that she does not consume any alcohol, the Court cannot assure the safety of Officer Noonan and all other persons in the community. Accordingly, the Court's prior order of release. Is vacated and Fitzimmons is ordered to be held without fail pursuated Master General OS Chapter two seventy Succession fifty eight A and. A written order for five addresses. That's the court's ordered. Thank you, all right? All right, Jack, I asked you to stay in your order pending. Yes, Jay sick and there are other alternatives. There are can cosse Now you just heard that, right.

26:56 This girl goes into that hearing to try to get another option to test her blood alcohol level, and even her probation officer testifies on her behalf and the judge has such an axe to grime for some reason that rather than seek another alternative, she throws this girl in jail who nearly died awaiting trial. So her attorney is like fuck that. He's prepared what is known as an emergency rent, which is basically an appeal to the appeals court that appeals that judge's decision. And I'm going to read to you a short aspect of that appeal. It reads.

27:43 Miss Kelsey Fitzsimmons, a North Andover police officer and former corrections officer, was out on release from Essex Superior Court on pre trial conditions. Miss Fitzsimmons came back to court on her own motion through council after she was unable to blow into a scram alcohol monitoring device deeply enough due to her sustaining a gut shot wound to the chest. She had a collapse lung, broken ribs, diaphragm, and liver damage, requiring fifty three days in the hospital. Counsel expected a short hearing where the defense reported the difficulties and had an alternative method of alcohol testing put in place. Instead, a completely improper nightmare scenario ensued. Rather than utilizing readily available alternative methods of alcohol testing. The court surrendered the petitioner back in jail without a legal basis to do so, either from the Commonwealth or probation. She berated and shut down the probation officer, cut off council, walked off the bench while the Undersign was arguing for his client. In writing, she accused the defense of manipulating the situation and repeatedly misstated the record. Miss Fitzsimmons respectively ad the single Justice to review the full audio of the hearing and vacate the trial court order, and then it goes into her request.

29:08 She basically is looking for just what she was looking for in the first hearing, an alternative method to this breathing into this machine. The alcohol testing device ordered by the court requires the petitioner to blow intensely into an attached tube several scheduled times per day. After attempting to use the device, Misfit Simmons, in good faith returned promptly to court to report she could not use the device without great pain and dizziness for up to four hours and it aggravated the healing of broken ribs. Pain. Notwithstanding she tried and immediately passed eight out of the nine tests, and when she called the monitoring authority on the remaining incomplete tests after increasing breathing difficulty, she was told they may issue a warrant. They did not, between the physical pain and anxiety of a warrant issuing, causing her to be arrested, to be taken to jail again.

30:01 Despite her good faith attempts, Miss Fitzsimmons third Council returned to court right away of her own accord. At the hearing, the probation officer testified, and I'm not going to go into all that because you already heard clips of that hearing, but it goes into everything that you heard in that clip, and it says the undisputed facts of the case or Miss Fitzsimmons is approximately five foot three, one hundred and ten pounds, was shot in the chest by a colleague and this order required her to surrender her five month old child, and kind of goes into the whole cusp of this case, if you will. It mentions that she was diagnosed with postpartum depression and kind of went into how she was shot by this officer. It ends up with there was no intent to murder, no malice, no evil intent, only suicidal desperation in danger by the postpartum depression, a scenario that cannot justify a judicial declaration that Misfitzsimmons, a police officer, must be locked up with no possible alternative, as a danger to society and to the armed and trained police officer that almost killed her. The trial court's order is as heartless as it is legally baseless, and must be reversed. So get this while the appeal is being considered. It also comes out shortly after this hearing that the judge actually met with the probation office, not that particular officer, but went to the probation office itself

31:33 allegedly twenty four hours prior to this hearing to get information on this case with Kelsey Fitzsimmons. And that is a huge ethics violation for a judge. You're only allowed to consider evidence presented to you in court. Ethically, you're not supposed to do that. Well, others would agree with that, and they would also agree that this judgment to put case Elsie back in jail was the wrong call. And this judge actually gets removed from the case over this and another judge presides over the trial aspect of Kelsey's case. And incidentally, Kelsey did get out of jail once this occurred, pending your trial. So in late July of twenty twenty six, everything I just covered in these two episodes comes out as Kelsey Fitzsimmons' trial starts. And this was not a jury trial. It was a judge trial, meaning the judge presided over it and he made the decision regarding guilt or innocence the judge only he is essentially the only juror in this instance. And shout out to that judge, who I felt was very fair and very impartial. So all the evidences presented that I covered with you, and the judge rules on this case, and I want you to listen to the clip of his ruling.

33:02 I understand that this case has generated a lot of passion and emotion. H. But I but you must remember that this is a help ring in, not sports of them. When I announce my product, we must not act of emotionally or visibly or audibly react. So you should leave the court lane if you believe that you will be unable to maintain your contulsion. Uh. I'd like to start with a few I think you're in introductively words. Look, let me say this, this is not in my strict.

33:47 This has been one of the more exhausting harvest things I've. Had to do as a judge, as an attorney. And uh so as the lawyers. Not Unlike when the judge presides over a jury rape trial. In a civil case, there is. No requirement that a judge explained their reasons for reaching a verdict after approval bench trial. I do so in this case because I think that. As s CITIS Officer Leanian, that all the people involved in the traffic. Conventants of June thirty, twenty twenty five deserve an explanation.

34:32 Next, I'd like to take the opportunity to the publicly. Faith and committing the attorneys in this case. They all did an exceptional job presenting the evidence from conducting themselves in an extremely professional and. Civil manner, and they did so under public, under the public spotlight, in an emotionally charge case. I commend to the descent to the. Sent that any of the prosecutors the ant atturnities may be vilified or subjected to public scorn for simply doing their jobs. In this case, I say that any such scorn is on fear, unwarranted.

35:15 And simply wrong. These prosecutors and attorneys fought hard, but performed there saw the jobs fairly. With the utmost sympathy, civility, and professionalism. They served as a shining example of our adversarily system in operation. Now, I'd like to publicly acknowledge the crucial and often thankless role that police officers performed, a role that Miss Fitz sentons herself life officer willingly.

35:55 And selflessly performed the citizens of Norcando. For this, you should be thanked, not disaparaged. For those that think. That serving as a police officer is easy, or that officers. Don't care or take pride to their work. I say, within more than three decades of experience in the criminal justice system. That you are a naive, misinformed, and sadly mistaken. The work of police officers is especially fought with peril. Today because of our. Seemingly central, polarized atmosphere, where our citizen greed often believes that there is a conspiracy under or priming at the corner.

36:42 I saw no evidence of. A conspiracy in this case. What I saw was dedicated public servants like the officer of being the union and his fellow officers doing the best they could under fad it rapidly evolved. In commotional circumstances. What I also star was a young woman, Miss Fitzsimmons, who was also. A dedicated public servant, reacting to sudden, confusing and heartbreaking news. Now, let me turn to the evidence and the law. Our system of justice requires we need. To decide this case. Show me on the law and the evidence.

37:23 So the only things I considered in reaching my further on the ninety eighties, if. It's admitted during the trial, and the testimony of the eleven witnesses that are testify here in open court. While it may cook may be cold. And uncaring, our system of justice demands that emotion, sympathy, and concern for. The consequences of my decision play. No role in my decision. As for the law. In order to. Prove mis fit Simi's guilty of the time of assault by means of the dangerous weaver, the connall must proved the follow three things. We warious. All these things elements beyond the reason the doubt. First that Missippians committed the assault an officer union.

38:11 Second that the Simmons intended to commit the assault, and third that the. Assault was committed by means of the dangerous weapon. The assault issue deform me is whether the commau proved me to these three elements beyond a reasonable doubt, and more specifically. Under the circumstances of this case, the narrow issue performing is whether the commute proved beyond the reason the doubt that misfit Simmis pointed a firearm at Officer Union for eighth perceptible the amount of time. What is not performing are. The legality of the issuance of the restraining order to mister a Alayan, the reasonableness of the procedure duced by the police to serve the pustraining, the legality of Officer Union's use of force, and issues regarding custody.

38:59 In case, it is not my place to beside. These issues or even mentioned. My thoughts on them. I am thankfully for this because my role has been hard enough. What has made my job especially difficult in this case is that, by and large I found the testimony of Officer Union in Miss Fitzsimmons to be credible on the material of the umbelical points. In my experience this is unusual in somewhat perplexing. On the one hand, Miss Fitzsimmons credibly. Testified that she never pointed a firearm at Officer Need. On the other, band, Officer testify that not only did.

39:44 Fitzsimmons point to GMAC and that she also pulled the trigger. Both agree that it happened in seconds near a narrow doorway, and the crime scene photos show that the doorframe was made narrow by a close wrap contained. Police uniforms that was two officer and union is left. The doorframe was also made strick, that the doorframe was made still narrower when Officer Nan used it to take cover working through this firehout. During the closing argument, the common will argue that. It is scientifically and physically impossible for this Fitzsimmons s worried be true because there was a bullet in the chamber that she said that Officer in Union shot or without ever having wrapped.

40:33 Without her ever wrapping the slide after pulling the trigger. I disagreed that the evidence reflected that the only graded chamber around would have been pulled slide under those circumstances. However, even if I assumed that Miss Fitzsimmons lied about not wrapping the slide. It does not trap from the advocacy the credibility of her testimony that she never put a compigounded officer n me, about. Which he was equally as adamant that she did. Perhaps the Commonwald could have easily met it's burden that the officers had. Been were body cleans.

41:14 But under these circumstances, I am left with a reasonable doubt, and I am duty boud to find that the Comat has. Not led it's burden food Fra fitzging Skins. By means of a dangerous weapman mon officer named knew him and by verdict is it must be not killed. With that I will heard the signed verdicts. Look, let use it. I will him you signed burdics to mister Ring and. Asked if he advised fitz Simmons of her stats are throwing the brightness be replaced there?

41:59 All right? So there you not guilty? And what do I personally think happened in this case? Do I think this officer intentionally shot her with the intention of killing her? No? I don't, And that's just my personal opinion. My personal view. Yours may be different. And in my view, there's really two ways this could have went, because I do believe she was telling the truth Kelsey Fitzsimmons. The first way is the officer went completely on autopilot the second she raised that gun to her head. And I think he went on autopilot because he had a stress reaction to this. What he thought was a gun coming up at him just wasn't. But because you've got to remember these are split second reactions, I think his mind saw what it saw, and I believe he probably fully believes everything he said and testified to now. The only other alternative to that is that he initially panicked, thought she was going to shoot him, even though she had the gun pointed at herself.

43:04 It's just such a quick reaction. His mind probably did not have time to perceive where that gun exactly was in relation to him, and I think he panicked and shot her. That's a possibility, and realizing what he had done, and let's be honest, he probably assumed she wasn't gonna live. He lied about it because you screw up like that and you're gonna end up in jail. That's homicide. But Kelsey lived through it and that kind of threw a whole monkey wrench in that line. And so the issue here is when he lied. He's got to keep lying to keep his ass out of trouble. So it's one of those two things. And somewhere in his mind he knows full well what happened, but he's got to live with that. I don't know. I have no direct knowledge.

43:48 I wasn't there. So he's got to live with whatever really happened in that case, and I'm not so sure what it is. I'm more apt to believe this guy in his mind believes what he saw it. At least I hope that's the case. But I will say that in my view, there is no world where this girl would have shot another cop. It just doesn't pass the smell test. It makes absolutely no sense. It's just not in her There's nothing in her past that would be indicative of that. But I'd love to hear what your thoughts are on it, so let me know. Thank you so much for listening. That's going to wrap up this two part series, Blue on Blue. I hope you enjoyed it.

44:28 I put a lot of time into researching this one. Check out the Patreon. I'll have all kinds of stuff on this case dropping just for subscribers on that Patreon. It's patreon dot com slash Exposed podcast files. We drop early releases bonus episodes. We also do quarterly gifts for our top tier celebrity members, and I'd love to get your support on the Patreon page. Without those folks, I couldn't do this. I just could not do it. So thank you. I love each and every one of you. And until next time for exposed scandalous files of the elite, I'm your host, Jim Chapman. Much love,