A Florida woman who shot and killed a 62-year-old army veteran in a dispute over a space at a Walmart parking lot will not face charges because of the state’s stand your ground law, prosecutors said.
Melissa Payne opened fire in June on Bart Diguglielmo, who was unarmed, during the incident in North Lauderdale. Security cameras and cellphone video of passersby captured the argument and Payne firing a single shot.
On Thursday, prosecutors for the Broward county state attorney’s office ruled that Payne was protected by the 2005 law, which insulates from criminal charges any person who uses deadly force when they fear an imminent threat to their life, or the likelihood of serious bodily harm.
Although Diguglielmo had no weapon, he was seen on the video circling Payne and her vehicle, and moving towards her several times, leading prosecutors to conclude she acted in self-defense.
An amendment passed by the Florida legislature in 2017 to the original stand your ground law requires the state to prove “by clear and convincing evidence” that a person’s use of force was not justified. Assistant state attorney Stephen Zaccor said in a “close-out memo” for the case on Thursday that his office was unable to clear that bar.
“The video does not demonstrate that [Payne] was in the right, rather it demonstrates that the State of Florida cannot overcome her claim that she was in reasonable fear of great bodily harm by clear and convincing evidence,” the memo said.
“Florida is a Stand Your Ground State. [Payne] did not have to wait to be attacked before resorting to deadly force. She did not have to retreat as long as her fear was reasonable and no evidence has been presented to disprove that.”
Videos of the incident, which were widely scrutinized after the 30 June encounter, show Diguglielmo “aggressively approach” Payne, according to the memo. The incident followed an argument between the two over who reached a parking space first.
In audio recorded on a police officer’s body cam, Payne said Diguglielmo refused to back off or walk away, and she shot him once in the abdomen.
“He’s made several threats about doing something to my vehicle,” Payne said, reported by NBC6 South Florida . “You’re following me, I circled around the cars, I told him several times to back up. You walked up on me several times and it went from there.”
Payne was arrested and placed in handcuffs, and later released.
Melissa Rodriguez, attorney for Diguglielmo’s daughter, Amanda, told NBC that the family was “disappointed” Payne would not face charges.
“All of the references are damage to the vehicle, damage to property, and while I understand this was a heated situation and a lot might have been said, damage to property does not constitute a reasonable ground for deadly force,” she said.
Melissa Payne opened fire in June on Bart Diguglielmo, who was unarmed, during the incident in North Lauderdale. Security cameras and cellphone video of passersby captured the argument and Payne firing a single shot.
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Source: theguardian.com · Richard Luscombe in Miami. Published 4 Sept 2026, 01:28 pm.
