Melissa Payne, of Florida, will not face criminal charges after shooting and killing 62-year-old former serviceman Bart Diguglielmo during a parking dispute at a Walmart in North Lauderdale, Florida. Prosecutors determined Payne acted in self-defense, protected by the state's "stand your ground" law.
The incident occurred at noon on 30/6, when Bart was shot in the abdomen.
According to a 3/9 announcement from the Broward County State Attorney's Office, the conflict began when Payne and Diguglielmo simultaneously attempted to park in the same vacant spot. Both drivers pulled into the space, leading to a brief confrontation.
Parking dispute leads to shooting. Video: ABC
Both individuals exited their vehicles. Diguglielmo left his car in the lane, grabbed a shopping cart, and entered Walmart. About one and a half minutes later, he returned. Camera footage shows him speaking with Payne. Several witnesses stated Diguglielmo threatened to damage her car, saying, "I'm going to get you."
Afterward, Diguglielmo drove away at high speed and parked elsewhere. Instead of entering the store, he returned to the area where Payne was sitting in her car with her young granddaughter. A witness described Diguglielmo as "very angry" at that point, smoking and watching Payne.
As Diguglielmo approached her car, Payne stepped out. She held her phone in her left hand and a handgun in her right. A witness described Payne warning, "If you keep coming toward me, I'm going to shoot."
Diguglielmo continued to approach, making hand gestures. Payne stated Diguglielmo said, "I've dealt with tougher people than you. Shoot me, shoot me."
Camera footage shows Diguglielmo walking around another vehicle to continue advancing toward Payne. He raised a set of keys toward her car as if to damage it.
When Diguglielmo turned and continued to advance toward Payne, she fired one shot into his abdomen. The entire incident was captured on camera.
Medics transported Diguglielmo to the hospital, but he died from severe injuries. An autopsy revealed he had amphetamine, Delta-9 THC – a psychoactive compound in cannabis – and the antidepressant sertraline in his blood at the time of death.
Authorities detained Payne but released her after she claimed self-defense.
Florida's "stand your ground" law proved central to the decision not to prosecute Payne. In an analysis of the incident, prosecutor Stephen J. Zaccor stated that Payne was in a public place and had the right to possess a firearm. Therefore, he concluded, "she did not commit any unlawful act at the time of using deadly force."
Under Florida's "stand your ground" law, an individual is not obligated to retreat before using force for self-defense, provided legal conditions are met. According to the prosecutor, Payne was not required to wait until she was attacked to use deadly force, nor was she obligated to retreat, as long as her fear was reasonable and there was no strong evidence to refute it.
After reviewing video footage, witness testimonies, and other evidence, the prosecutor concluded that the state of Florida did not have sufficient evidence to refute Payne's claim that she genuinely feared she would suffer serious injury.
T. Anh (according to Nypost, ABC News)