NORTH LAUDERDALE, Fla. — A dispute over a parking space at a Walmart parking lot ended with a 65-year-old man dead, but the woman who shot him will not face prosecution after Broward County prosecutors determined she was protected by Florida’s “Stand Your Ground” law.
Melissa Payne shot Bart DiGuglielmo on June 30 during a confrontation at the Walmart in North Lauderdale. Payne was briefly detained by law enforcement after the shooting and later released after claiming she acted in self-defense.
The Broward County State Attorney’s Office announced Sept. 3 that Payne would not be prosecuted.
According to a Sept. 1 immunity memo prepared by Stephen Zaccor, division chief of the homicide trial unit, Payne had the right to stand her ground if she was in reasonable fear of death or great bodily harm.
Video Captured the Entire Encounter
The case presented prosecutors with an unusual amount of evidence because multiple video recordings captured the confrontation.
According to the memo, Payne was driving a white Chevrolet Malibu around 12:19 p.m. with her niece and her niece’s infant daughter inside the vehicle. DiGuglielmo was driving a white Kia SUV by himself.
The two drivers attempted to park in the same space, creating a brief stalemate. Both eventually got out of their vehicles.
DiGuglielmo left his SUV in the driving lane, grabbed a shopping cart and entered the Walmart. Payne then parked her vehicle.
Roughly 90 seconds later, DiGuglielmo returned. Prosecutors said he was heard threatening to damage Payne’s vehicle before getting into his SUV and driving away at a high rate of speed.
He soon parked in a nearby handicap space and walked back toward Payne.
‘Visibly Angry’ Man Continued Approaching
The memo says DiGuglielmo stopped under a tree briefly and smoked a cigarette. Witnesses described him as “visibly angry” and shaking.
Payne was inside her vehicle with the infant when DiGuglielmo began walking toward her.
She then exited the vehicle while holding a phone in her left hand and a firearm in her right hand. According to a witness, Payne warned him, “If you keep coming up to me, I’m going to f—ing shoot you!”
The witness said DiGuglielmo continued approaching despite the warning.
Video evidence reportedly showed him backing away at one point before continuing toward Payne. Meanwhile, a vehicle parked next to Payne left the area, allowing her to move into the newly available parking space.
DiGuglielmo continued advancing.
Prosecutors Say Self-Defense Could Not Be Disproved
At one point, prosecutors said DiGuglielmo approached Payne’s vehicle with his keys in his hand, appearing as though he might damage it.
When he turned back toward Payne, she fired one shot, striking him in the abdomen.
Payne then placed the firearm on top of her vehicle. Broward Sheriff’s Office deputies took her into custody when they arrived.
She had been speaking with her husband on the phone during the confrontation. After the shooting, he said she told him to call police.
DiGuglielmo was transported to Broward General Hospital, where he later died. The Medical Examiner’s Office determined that his cause of death was a gunshot wound and ruled the manner of death a homicide.
Florida Law Gives Woman Immunity
Under Florida’s Stand Your Ground law, the person claiming self-defense does not have to prove that her belief was reasonable. Instead, prosecutors must establish with “clear and convincing evidence” that the belief was not reasonable.
In Payne’s case, prosecutors concluded they could not meet that burden.
The immunity memo stated that the facts were “as tragic as they are absurd” and noted there was relatively little dispute about what happened because the encounter had been recorded.
Toxicology testing later detected amphetamines, THC and sertraline in DiGuglielmo’s system.
Family Says Nobody Deserves to Die Over Parking Spot
DiGuglielmo’s daughter, Amanda, previously described her father as a “good man.” She said he had served in the military, worked as an ER trauma nurse and was the father of three.
Amanda also expressed disbelief that a parking dispute had ended in her father’s death. She said nobody “deserves to lose their life over a parking spot.”
Authorities previously said Payne remained at the scene and cooperated with detectives.
The prosecutor’s decision means Payne will not face criminal charges in connection with the fatal shooting, although the incident continues to raise difficult questions about how a seemingly minor parking dispute escalated into a deadly confrontation.
What do you think about the prosecutor’s decision under Florida’s Stand Your Ground law? Share your thoughts in the comments.