Prosecutors concluded that Melissa Payne was protected by Florida’s “stand your ground” law after reviewing surveillance footage and witness accounts
By Midtown Times Staff
NORTH LAUDERDALE, Fla. (Midtown Times) — Florida prosecutors will not charge a woman who fatally shot an unarmed Army veteran during a confrontation that began over a parking space outside a Walmart.
The Broward County State Attorney’s Office concluded that Melissa Payne was legally justified in using deadly force against 62-year-old Bart DiGuglielmo under Florida’s “stand your ground” law.
Payne shot DiGuglielmo once in the abdomen during the June 30 encounter. He was transported to Broward Health Medical Center, where he later died.
The confrontation was captured by store surveillance cameras and a cellphone belonging to Payne’s niece. After reviewing the recordings, witness statements and other evidence, prosecutors determined they could not disprove Payne’s claim that she reasonably feared imminent death or serious bodily injury.
Disagreement over parking space escalated
According to a prosecutorial memorandum, Payne was driving a white Chevrolet Malibu while DiGuglielmo was operating a white Kia SUV when both attempted to enter the same parking space.
Payne was accompanied by her niece and her niece’s infant daughter. DiGuglielmo was alone.
Both drivers initially exited their vehicles during the dispute. DiGuglielmo eventually left his SUV in a driving lane, obtained a shopping cart and entered the store. Payne parked in the disputed space.
DiGuglielmo returned about 90 seconds later and allegedly threatened to damage Payne’s car. He then drove away quickly and parked in a designated accessible space two aisles away, according to prosecutors.
After remaining there briefly, he exited his SUV and approached the area where Payne’s vehicle was parked. Witnesses reportedly described him as visibly angry and shaking.
Payne stepped out of her car holding a cellphone in one hand and a firearm at her side. Prosecutors said witnesses heard her repeatedly warn DiGuglielmo to stay away from her and her vehicle.
Surveillance footage showed Payne moving backward and attempting to create distance as DiGuglielmo continued approaching. At one point, he allegedly gestured with his keys as though he intended to damage her car.
DiGuglielmo then moved toward Payne again, and she fired one shot. He was not carrying a weapon.
Payne placed the firearm on the roof of her car immediately after the shooting and remained at the scene. She was briefly detained by Broward Sheriff’s Office deputies before being released.
Prosecutors cite state self-defense law
Florida law permits a person who is lawfully present in a location and not engaged in criminal activity to use deadly force when that person reasonably believes it is necessary to prevent imminent death or great bodily harm. The law does not require someone in those circumstances to retreat before defending themselves.
The State Attorney’s Office emphasized that its decision did not necessarily mean Payne handled the confrontation appropriately.
Instead, prosecutors determined that the available evidence—including the video—did not overcome her self-defense claim under the legal standard required to bring a case.
“The surveillance video did not establish that Payne was in the right,” the office explained in its analysis. However, it also did not prove clearly and convincingly that her fear of serious harm was unreasonable.
The Broward County State Attorney’s Office formally announced Sept. 3 that Florida’s self-defense law made Payne immune from prosecution.
Victim’s family disputes the decision
DiGuglielmo’s family said it disagrees with the outcome and remains devastated by his death. Relatives have questioned how a disagreement involving a parking space and threats to property could legally justify the use of deadly force.
The decision has renewed debate over the reach of Florida’s “stand your ground” protections, particularly when an unarmed person is killed during a public confrontation.
Prosecutors, however, said their responsibility was not to decide which participant behaved better. Their task was to determine whether the evidence could disprove beyond the applicable legal standard that Payne reasonably feared she was about to suffer death or serious injury.
After reviewing approximately 18 minutes of surveillance footage from several angles, the office concluded that it could not. CBS News Miami reported that prosecutors have closed the case without filing criminal charges.
