A Florida woman will not face criminal charges after fatally shooting a U.S. Army veteran during a confrontation in a Walmart parking lot earlier this summer.
The Broward County State Attorney’s Office announced Thursday that Melissa Payne would not be prosecuted in the June 30 shooting death of Bart Diguglielmo in North Lauderdale.
According to a closeout memo released by prosecutors, investigators determined that Payne’s actions were protected under Florida’s “stand your ground” law.
The law can shield a person from arrest or prosecution if they reasonably believe deadly force is necessary to prevent imminent death or serious bodily harm while they are legally present at the location.
Authorities said the deadly encounter began as a dispute over parking.
After what prosecutors described as a “brief stalemate,” Diguglielmo parked his SUV, got out and walked toward Payne’s vehicle.
Witnesses said Diguglielmo appeared angry and had allegedly threatened Payne earlier, telling her, “I’m gonna f*** your shit up.”
As Diguglielmo approached, Payne got out of her vehicle with a phone in one hand and a gun in the other, according to the memo.
She repeatedly warned him to stay away.
“If you keep coming up to me, I’m going to f***ing shoot you!” Payne allegedly told him.
Prosecutors said Diguglielmo continued moving toward her while making hand gestures despite the warnings.
Payne then fired a single shot, striking him in the abdomen.
Diguglielmo was rushed to a hospital but later died from his injuries.
His family has strongly criticized the decision not to pursue charges.
Diguglielmo’s daughter, Amanda, described her father as a devoted family man, grandfather and U.S. Army veteran who spent approximately 30 years working as an emergency room trauma nurse.
Her attorney, Melissa Rodriguez, said the family does not believe the shooting was justified.
“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,” she added.
The family continues to dispute prosecutors’ conclusion that Payne was legally justified in using deadly force.
