Melissa Payne Shooting: Florida Woman Shot Army Veteran Bart DiGuglielmo After Parking Dispute

Melissa Payne, the Florida woman who shot and killed 62-year-old Army veteran Bart DiGuglielmo during a dispute over a parking space, will not face criminal charges after prosecutors concluded they could not overcome her claim of self-defence under Florida’s “Stand Your Ground” law.

DiGuglielmo was shot once outside a Walmart in North Lauderdale, Florida, on June 30 and later died in hospital. The Broward County State Attorney’s Office reviewed surveillance footage, cellphone recordings and witness accounts as part of its decision not to prosecute Payne.

The decision has been disputed by DiGuglielmo’s family, which says the circumstances did not justify the use of deadly force. Beyond her involvement in the shooting, there is little verified public information about Payne’s personal background. NBC 6 reported that it attempted to speak with Payne after the decision, but a man at her home said she was not talking.

What happened between Melissa Payne and Bart DiGuglielmo?

According to the Broward County State Attorney’s Office memorandum, Payne was at the Walmart with her niece and her niece’s baby when she and DiGuglielmo became involved in a dispute over a parking space. DiGuglielmo was driving a white Kia SUV and Payne was in a Chevrolet Malibu.

The Broward Sheriff’s Office said the dispute began as a verbal altercation. Payne remained at the scene after the shooting and co-operated with investigators, telling them she had acted in self-defence.

ABC News reported that the evidence included surveillance footage, cellphone recordings and footage from a Tesla, giving prosecutors several views of the confrontation.

The State Attorney’s Office said DiGuglielmo initially left his vehicle in the travel lane, took a shopping cart and entered the store while Payne parked in the disputed space. About 90 seconds later, he returned to his SUV.

Two witnesses told investigators they heard DiGuglielmo threaten to damage Payne’s vehicle, according to the prosecutor’s memorandum. He then drove away, parked several spaces away and later walked back towards Payne’s vehicle. The memo also said video showed him motioning as if he would damage the vehicle with his keys.

Local 10 reported that witnesses described DiGuglielmo as angry and shaking during the confrontation. When he approached Payne’s vehicle, she got out holding her phone in one hand and a firearm in the other.

Payne warned him not to come closer. A witness also attempted to intervene, telling the two that the dispute was not worth continuing. NBC 6 South Florida reported that video showed DiGuglielmo continuing towards Payne as she backed away.

She fired once, striking DiGuglielmo in the abdomen. He was taken to hospital, where he later died.

DiGuglielmo’s daughter, Amanda Diguglielmo, described him as an Army sergeant, father of three and grandfather. Local 10 reported that he had also worked for about 30 years as an emergency-room trauma nurse.

Why won’t Melissa Payne face charges?

The decision centres on Florida’s “Stand Your Ground” law, which provides immunity from criminal prosecution for force that is legally justified under Florida’s self-defence provisions.

In Payne’s case, prosecutors did not say the evidence proved she was unquestionably justified. Instead, the Broward County State Attorney’s Office concluded that it could not overcome her claim that she reasonably feared great bodily harm by clear and convincing evidence.

NBC 6 reported that prosecutors said the video did not establish that Payne was necessarily “in the right”.

The prosecutor’s memorandum said Payne did not have to wait until she was physically attacked if she reasonably believed she faced an imminent threat. The memo cited video showing DiGuglielmo continuing towards Payne as she backed away.

CBS News Miami reported that the State Attorney’s Office released about 18 minutes of surveillance footage showing the confrontation from different angles.

DiGuglielmo’s family disputes the decision. His daughter, Amanda Diguglielmo, has said she does not believe the circumstances justified the shooting.

Melissa Rodriguez, the lawyer representing Amanda Diguglielmo, also challenged the decision. NBC 6 reported that Rodriguez argued the confrontation involved threats concerning Payne’s vehicle and that threats to property did not, by themselves, justify the use of deadly force. Rodriguez said the family believed Payne should have faced criminal charges.

The Broward County State Attorney’s Office has declined to file criminal charges against Payne over DiGuglielmo’s death, despite his family’s continuing disagreement with the decision.