“BACK AWAY FROM MY VEHICLE RIGHT NOW”!!! BELIEVE IT OR NOT, PROSECUTORS SAY MELISSA PAYNE FATALLY SHOT RETIRED ARMY STAFF SERGEANT BART DIGUGLIELMO DURING A CONFRONTATION OVER A WALMART PARKING SPACE… AND SHE WILL NOT FACE CRIMINAL CHARGES AFTER OFFICIALS RULED SHE ACTED IN SELF-DEFENSE UNDER FLORIDA’S STAND YOUR GROUND LAW.
A Florida woman who fatally shot a retired Army staff sergeant during a confrontation outside a Walmart store will not face criminal charges.
Prosecutors concluded that Melissa Payne acted in self-defense under Florida’s Stand Your Ground law.
The fatal encounter took place outside a Walmart located in North Lauderdale.
On June 30, Payne shot 62-year-old Bart Diguglielmo once in the abdomen.
Diguglielmo was a retired Army staff sergeant.
According to prosecutors, the dispute began when both drivers tried to pull into the same parking space.
Witnesses later described Diguglielmo as visibly angry during the confrontation.
Witnesses said Diguglielmo threatened Payne outside the store.
Those threats allegedly included telling Payne that he was going to “f— your s— up.”
Video recorded at the scene showed Diguglielmo later approaching Payne’s vehicle again.
Payne’s infant great-niece was inside the car at the time Diguglielmo approached.
Payne reportedly got out of her vehicle holding her phone in one hand and a gun in the other.
Payne warned him: “If you keep coming up to me, I’m going to fucking shoot you!”
But prosecutors said Diguglielmo continued advancing despite that warning.
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Diguglielmo followed Payne around another vehicle.
He then went toward her car.
Prosecutors said Diguglielmo motioned with his keys as though he was going to damage Payne’s vehicle.
Then he turned and approached Payne again.
When he approached her, Payne fired once.
The single gunshot struck Diguglielmo in the abdomen.
Diguglielmo later died at the hospital.
A toxicology report found multiple substances present in Diguglielmo’s system.
The toxicology report found amph*tamines in his system.
It also detected Delta-9 THC.
In addition, the toxicology report identified the antidepressant sertraline in his system.
Prosecutors emphasized that the video did not necessarily prove Payne was “in the right.”
Instead, they concluded the state could not overcome her claim that she reasonably feared great bodily harm.
And under Florida law, Payne had no legal duty to retreat before using deadly force if her fear was legally reasonable.
What began as a parking-space dispute escalated into threats, repeated warnings and ultimately a fatal shooting.
Prosecutors declined to file criminal charges against Payne.
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