LYNN — A judge ruled Wednesday that Anthony DeMayo, the 18-year-old Bishop Fenwick senior charged in the killing of a Danvers woman, is not currently competent to stand trial.
DeMayo, of Lynn, is charged with murder and home invasion in the death of Janet Swallow, 69. He did not appear in court on Wednesday.
After reviewing a report prepared by clinicians at Bridgewater State Hospital, where DeMayo has been held since his March arraignment, Judge Randy S. Chapman found him incompetent to stand trial. Both prosecutors and defense attorneys acknowledged the report’s conclusion during the hearing.
However, Essex County prosecutor Susan Dolhun said the state disputes that assessment and has already sought an independent evaluation. She urged the judge to delay a final determination.
Chapman declined, saying a delay could interfere with DeMayo’s continued treatment at Bridgewater State Hospital. Clinicians have recommended additional care and classified him as a potential security concern.
In the statement of facts filed by police and reported by CBS News, the incident began the night of March 11, when DeMayo allegedly drove through several North Shore communities before stopping in Danvers.
DeMayo, the filing alleges, described selecting a home at random. He “drove around surrounding communities before stopping in Danvers, in front of a home that was under construction with a gray porta-potty out front.”
He then stated he “located a home to break into and he did so by climbing in through a window, ripping the screen from the window in order to climb through into the kitchen.”
DeMayo, the filing alleges, said he moved through the house until finding Swallow asleep in a bedroom.
He then “went into her bedroom and began stabbing her in the neck. After the knife became stuck, he pulled her off the bed onto the floor.”
Afterward, he drove back to his Lynn home.
The following day, Lynn police received a 911 call reporting a man walking on Standish Road carrying a knife with a “reddish brown” stain. Lynn Police took DeMayo into custody and transported him to Salem Hospital because of concerns about his mental condition and erratic behavior. Authorities later used cellphone location data to connect him to Swallow’s Amherst Street home, where she was found dead with injuries consistent with a homicide.
A search of his Lynn residence turned up clothing stained with what investigators believe to be blood.
Prosecutors have also pointed to statements DeMayo allegedly made to investigators indicating premeditation.
A copy of the police report obtained by The Boston Globe stated that DeMayo told investigators “that he planned on committing this act for a long time, and wanted to kill someone for a long time.”
A grand jury has already indicted DeMayo. An arraignment on those charges in Superior Court is scheduled for May 11.
Swallow leaves behind two sons, a stepson, a granddaughter, and other family members and friends. She spent 30 years as a nurse at Lahey Medical Center in Burlington, where she worked in the critical care and intensive care units. She also loved reading, participated in several book clubs, enjoyed the beach, and valued time with loved ones.
