The Broward State Attorney’s Office determined that Melissa Payne is protected from criminal prosecution under Florida’s “Stand Your Ground” law following the June 30 death of Bart DiGuglielmo.
According to a 22-page memorandum released by prosecutors, the confrontation started shortly after noon when Payne, who was accompanied by her niece and the niece’s infant daughter, and DiGuglielmo arrived at the same Walmart parking space in separate vehicles.
Both drivers initially stepped out of their vehicles during the dispute. DiGuglielmo eventually left his white Kia SUV in a traffic lane, picked up a shopping cart and entered the store. Payne then moved her white Chevrolet Malibu into the contested parking spot.
Prosecutors said DiGuglielmo returned to the parking lot roughly 90 seconds later. Part of the ensuing confrontation was captured on a cellphone by Payne’s niece.
Investigators spoke with several witnesses who said DiGuglielmo threatened to damage Payne’s vehicle. One witness reported hearing him say he would “mess her car up,” while others described a more direct threat.
DiGuglielmo subsequently drove away quickly and parked his SUV in a disabled parking space located about two aisles from Payne’s vehicle. He remained there for approximately a minute and a half before getting out.
Rather than heading toward the store, prosecutors said he walked in the direction of Payne, who was still inside her vehicle with the infant.
The memorandum said DiGuglielmo stopped near two trees, smoked a cigarette and watched Payne’s car. Witnesses described him as angry and visibly shaking.
As he moved toward her, Payne stepped out of her vehicle holding a phone in one hand and a firearm in the other. A passerby reportedly urged both parties to end the confrontation.
Witnesses said Payne repeatedly told DiGuglielmo to stay away from her and her vehicle. One witness said she warned him that she would shoot if he continued approaching.
Surveillance footage showed Payne moving backward after a nearby minivan left its parking position, giving her additional room to retreat. Prosecutors said DiGuglielmo continued following her as she moved between parked vehicles.
At one point, DiGuglielmo allegedly approached Payne’s car while holding his keys and made a gesture suggesting he intended to damage the vehicle.
He then turned around before approaching Payne again.
Payne fired a single shot, hitting DiGuglielmo in the abdomen.
After the shooting, Payne placed the firearm on the roof of her car and was detained by Broward County Sheriff’s Office deputies. She agreed to speak with investigators after being advised of her Miranda rights.
During questioning, Payne said DiGuglielmo had threatened to scratch her vehicle and continued moving toward her despite her warnings to stop.
Her husband, who was speaking with her by phone during the confrontation, also told detectives that he heard Payne instruct someone to back away before hearing a gunshot. Payne later told him she had shot someone and asked him to contact the police.
DiGuglielmo was transported to Broward Health Medical Center, where he died from his injuries. The medical examiner classified the death as a homicide resulting from a gunshot wound.
Despite reviewing surveillance footage and witness accounts, prosecutors said the evidence did not conclusively establish that Payne was “in the right” throughout the encounter.
However, the State Attorney’s Office concluded that there was insufficient clear and convincing evidence to prove Payne did not have a reasonable fear that she faced imminent death or serious bodily harm.
Florida’s Stand Your Ground law generally allows a person who is lawfully present and not engaged in criminal activity to use deadly force without first retreating if they reasonably believe such force is necessary to prevent imminent death or great bodily harm.
