Prosecutors in Broward County, Florida, announced on Thursday that Melissa Payne will not face criminal charges for the fatal shooting of 62-year-old Army veteran Bart Diguglielmo, citing the state's stand your ground law. The incident occurred in June in a Walmart parking lot in North Lauderdale after a dispute over a parking space.
What happened in the parking lot dispute
Security cameras and cellphone video captured the argument between Payne and Diguglielmo, who was unarmed, and show Payne firing a single shot. The footage, which was widely scrutinized after the June 30 encounter, shows Diguglielmo aggressively approaching Payne and circling her vehicle several times, according to a close-out memo from Assistant State Attorney Stephen Zaccor.
The confrontation began over who reached the parking space first. In audio recorded on a police officer's bodycam, Payne said Diguglielmo refused to back off or walk away, and she shot him once in the abdomen. Payne was arrested and handcuffed at the scene but later released.
Legal reasoning under stand your ground
Prosecutors concluded that Payne was protected by Florida's 2005 stand your ground law, which shields individuals from criminal charges when they use deadly force out of fear of an imminent threat to their life or serious bodily harm. A 2017 amendment to the law requires the state to prove by clear and convincing evidence that the use of force was not justified.
In the close-out memo, Zaccor wrote that the state could not overcome Payne's claim of reasonable fear. "The video does not demonstrate that [Payne] was in the right, rather it demonstrates that the State of Florida cannot overcome her claim that she was in reasonable fear of great bodily harm by clear and convincing evidence," the memo stated. It added: "Florida is a Stand Your Ground State. [Payne] did not have to wait to be attacked before resorting to deadly force. She did not have to retreat as long as her fear was reasonable and no evidence has been presented to disprove that."
Family reaction and broader implications
Melissa Rodriguez, attorney for Diguglielmo's daughter Amanda, expressed disappointment at the decision, telling NBC that the family was "disappointed" Payne would not face charges. Rodriguez noted that the case references focused on potential damage to property, arguing that "damage to property does not constitute a reasonable ground for deadly force."
The case highlights the application of Florida's stand your ground law in disputes involving unarmed individuals, and the legal standard that places the burden on prosecutors to disprove self-defense claims. The decision is final, and no further legal action is expected from the state attorney's office.
