Florida driver Melissa Payne cleared after fatally shooting man who pursued her outside Walmart: prosecutors

A Florida driver who fatally shot a man during a Walmart parking dispute will not face criminal charges, prosecutors said.

The driver was identified as Melissa Payne, while the victim was identified as 62-year-old Bart DiGuglielmo, police said.

On June 30, 2026, shortly before 12:30 p.m., deputies responded to a shooting at a Walmart parking lot on West McNab Road in North Lauderdale, Florida, authorities said.

Deputies arrived to find DiGuglielmo suffering from a gunshot wound, according to officials.

The 62-year-old was transported to a local hospital, where he was pronounced dead, deputies said.

Investigators determined DiGuglielmo and Payne had been involved in a confrontation over a parking space before the shooting, authorities said.

Payne was driving with her niece and her niece’s baby when both drivers attempted to park in the same space, prosecutors said. That encounter resulted in what investigators described as a brief stalemate between the two vehicles.

DiGuglielmo eventually left his vehicle standing in the traffic lane and went inside the Walmart, according to investigators.

When he returned, multiple witnesses reported hearing DiGuglielmo say he was going to damage Payne’s vehicle, according to prosecutors.

Prosecutors said DiGuglielmo then drove away at a high rate of speed and parked elsewhere. He then began walking back toward Payne’s vehicle, prosecutors said.

One witness described DiGuglielmo as visibly angry and focused on Payne as he approached, authorities said.

Payne exited her vehicle holding a cellphone in one hand and a firearm in the other, investigators said.

According to a witness, Payne warned DiGuglielmo that she would shoot him if he continued approaching her. Despite the warning, DiGuglielmo continued moving toward Payne, prosecutors said.

Video from cellphones and a Tesla captured the confrontation in the parking lot, according to investigators.

The recordings showed Payne backing away as DiGuglielmo continued following her through the lot, prosecutors said.

At one point, investigators said DiGuglielmo appeared to motion as though he intended to damage Payne’s vehicle with his keys. DiGuglielmo briefly turned away before approaching Payne again, according to authorities.

Payne then fired one round, striking DiGuglielmo in the abdomen, prosecutors said.

Payne was speaking with her husband by phone when the shooting occurred, prosecutors said. She immediately told him that she had fired her weapon and instructed him to call police, according to prosecutors.

Payne remained at the scene and cooperated with investigators, police said.

She was briefly taken into custody and told detectives that she fired because she feared for her safety, authorities said. Authorities later said Payne’s account was consistent with the multiple video recordings of the confrontation.

No charges were immediately filed, and the case was forwarded to prosecutors for review, officials said.

On September 3, 2026, the Broward County State Attorney’s Office announced Payne will not face criminal charges in DiGuglielmo’s death.

Florida’s Stand Your Ground law provides immunity when a lawfully present person not engaged in crime reasonably believes deadly force is necessary to prevent death or great bodily harm, prosecutors said.

The State Attorney’s Office determined Payne was lawfully present in the Walmart parking lot and was legally permitted to possess the firearm.

Prosecutors also said the evidence showed DiGuglielmo continued approaching Payne despite her warning and continued pursuing her as she backed away.

Under Florida law, Payne was not required to retreat before using deadly force if her fear of death or great bodily harm was reasonable, prosecutors said.

Prosecutors concluded they could not prove Payne’s fear of great bodily harm was unreasonable based on DiGuglielmo’s actions and the available video evidence.

As a result, Payne will not be prosecuted for the fatal shooting, prosecutors said.