Florida Woman Won’t Face Charges After Fatally Shooting Army Veteran in Walmart Parking Lot — Prosecutors Cite ‘Stand Your Ground’ Law
A Florida woman who fatally shot a 62-year-old Army veteran during a confrontation over a parking space at a Walmart in North Lauderdale will not face criminal charges, prosecutors announced Thursday.
The Broward County State Attorney’s Office identified the woman as Melissa Payne and concluded that she was protected from prosecution under Florida’s controversial “Stand Your Ground” law. The decision follows more than two months of investigation into the June 30 shooting, including surveillance footage, cellphone recordings and witness accounts.
The confrontation began as a seemingly ordinary dispute over a parking space at the Walmart located on West McNab Road. According to prosecutors, Payne was with her niece and her niece’s baby when she and Bart Diguglielmo attempted to claim the same parking spot.
After a brief standoff, Diguglielmo left his vehicle and went into the store while Payne parked her car. Investigators said Diguglielmo later returned and allegedly made threats about damaging Payne’s vehicle before driving away. He subsequently parked elsewhere and walked back toward Payne’s vehicle.
Witnesses described Diguglielmo as visibly angry and shaking as he approached. Prosecutors said Payne eventually stepped out of her vehicle holding a phone in one hand and a firearm in the other. She repeatedly warned him to stay away.
According to the investigative findings, Diguglielmo initially moved away but then continued approaching Payne while making gestures toward her. Video evidence reportedly showed him continuing toward her as she backed away. Payne eventually fired a single shot, striking him in the abdomen. He was transported to a hospital but later died from his injuries.
The central question for prosecutors was not whether Payne fired the fatal shot—it was whether the shooting legally qualified as justified self-defense.
Florida’s Stand Your Ground framework allows a person to use deadly force when they reasonably believe it is necessary to prevent imminent death or great bodily harm, provided other legal requirements are met. Prosecutors concluded that the available evidence was insufficient to disprove Payne’s claimed fear of serious harm. As a result, they determined she was immune from criminal prosecution.
The decision, however, has not ended the controversy surrounding the case.
Diguglielmo’s family strongly disagrees with the prosecutors’ conclusion. His daughter, Amanda Diguglielmo, described him as a devoted father, grandfather and family man. She also said he had served in the Army and worked for decades as an emergency-room trauma nurse. Her attorney has argued that the circumstances did not justify the use of deadly force and that criminal charges should have been pursued.
The case has consequently raised difficult questions about where the boundary lies between an escalating confrontation and a legally justified use of deadly force.
What began with a dispute over a single parking space ultimately ended with one man dead and another person facing no criminal prosecution. Prosecutors’ decision now means Payne will not be charged over the fatal shooting, while Diguglielmo’s family continues to challenge the conclusion that the killing was protected by Florida law.
