A Florida woman who fatally shot a man approaching her following a confrontation over a Walmart parking space will not face criminal charges. This comes after prosecutors determined her use of deadly force was legally justified.
According to Local 10 News, the Broward County State Attorney’s Office stated in a closeout memo that prosecutors would not charge Melissa Payne in the June 30 shooting death of Bart Diguglielmo outside a Walmart in North Lauderdale, Florida.
As previously reported by BOSSIP, Payne and Diguglielmo argued before the shooting, which unfolded outside the Walmart at 7900 W. McNab Road. Prosecutors said multiple recording devices captured the encounter, providing video evidence investigators reviewed as they considered whether Payne’s actions amounted to a crime. The confrontation began when Payne and Diguglielmo attempted to park in the same space.
Payne was traveling with her niece and her niece’s baby, while Diguglielmo was alone in his white Kia SUV. Prosecutors described the initial parking dispute as a “brief stalemate” before both drivers exited their vehicles.
Diguglielmo left his SUV in the travel lane and entered the store with a shopping cart, while Payne parked her Chevy Malibu in the space at the center of the dispute.
About 90 seconds later, prosecutors said, Diguglielmo returned.
More About the Encounter
According to NewsOne, two witnesses reportedly heard Diguglielmo tell Payne, “I’m gonna f*** your s*** up,” before he drove away at a high rate of speed.
Prosecutors said Diguglielmo then parked approximately two aisles west of Payne’s vehicle and walked back toward her location. The memo states that he stood under a nearby tree, smoked a cigarette and watched Payne.
Witnesses described Diguglielmo as appearing angry and shaking during the encounter.
According to prosecutors, Diguglielmo eventually approached Payne’s vehicle, prompting her to get out with her phone in one hand and a gun in the other.
“If you keep coming up to me, I’m going to f***ing shoot you!” Payne warned, according to the memo.
Payne also repeatedly told Diguglielmo not to approach her or her vehicle, saying, “Don’t come over here!” and “Don’t come near my car!”
At one point, according to the report, a witness attempted to defuse the confrontation by shouting, “It’s not worth it!”
Prosecutors said Diguglielmo initially moved backward but then continued approaching Payne while making hand gestures. Payne fired once, striking him in the abdomen.
Diguglielmo was transported to a hospital, where he later died from his injuries.
State Attorney’s Office Cites Florida Self-Defense Law
Local 10 News reports that prosecutors ultimately concluded that Payne could not be criminally prosecuted under Florida’s self-defense law.
The State Attorney’s Office explained its reasoning in the closeout memo, citing the legal protections available when someone reasonably believes deadly force is necessary to prevent imminent death or great bodily harm.
“If at the time Melissa Payne used deadly force: she was not doing anything unlawful; was in a place she had a right to be; and ‘she reasonably believe[d] that using or threatening to use such force [was] necessary to prevent imminent death or great bodily harm,’ then she is immune from arrest and prosecution,” the memo states.
The Diguglielmo’s family disputes prosecutors’ conclusion.
Diguglielmo’s Daughter Disputes Self-Defense Determination
In Local 10 News, Melissa Rodriguez, an attorney representing Diguglielmo’s daughter, Amanda Diguglielmo, says that the family was unhappy with the State Attorney’s Office’s decision.
“Amanda Diguglielmo is very disappointed to hear that they won’t be pursuing criminal charges in the case,” Rodriguez said. “We have maintained that the situation did not warrant stand your ground immunity.”
