A Florida woman who fatally shot a man during a confrontation over a Walmart parking space will not be prosecuted after authorities concluded she was shielded by the state’s “Stand Your Ground” law.
Melissa Payne will face no criminal charges in the death of Bart DiGuglielmo, who was shot after an argument in a North Lauderdale Walmart parking lot spiraled into deadly violence.
“The facts surrounding the June 30, 2026, homicide of Bart DiGuglielmo are as tragic as they are absurd,” Stephen Zaccor, chief of the homicide trial unit for the Broward County State Attorney’s Office, wrote in the decision.
Prosecutors said Payne was legally permitted to carry a firearm under Florida’s open carry laws and was standing in a public place where she had every right to be. They also noted that she is not a convicted felon.
According to prosecutors, video evidence showed DiGuglielmo had threatened Payne, leaving them unable to prove beyond a reasonable doubt that she was not afraid for her life if the case went before a jury.
The fatal encounter began shortly after noon, when Payne pulled into the lot in a white Chevrolet Malibu with her niece and infant daughter inside the vehicle.
DiGuglielmo, who was alone in a white Kia SUV, was also trying to take the same parking space.
After DiGuglielmo left his vehicle and went into the Walmart, Payne moved into the vacant spot and parked.
Melissa Payne will not face any charges for shooting dead a man in a parking lot dispute after prosecutors determined she was protected under the state’s Stand Your Ground Laws
Bart DiGuglielmo was gunned down on June 30, 2026, in the parking lot of a Walmart in North Lauderdale
After about a minute, DiGuglielmo returned to the scene and told Payne: ‘I’m gonna f*** your s*** up,’ prosecutors said.
Two witnesses also reported that DiGuglielmo threatened he would ‘mess her car up’ before entering his vehicle and fleeing at a high speed.
He then parked in a nearby handicap spot and smoked a cigarette.
Witnesses told detectives that he appeared ‘visibly angry’ and was shaking while eyeing Payne.
DiGuglielmo then confronted Payne, who exited her vehicle with her phone in one hand and a gun in the other. Another witness said they yelled at Payne:’It’s not worth it!’
The witness said Payne told DiGuglielmo: ‘If you keep coming up to me, I’m going to f***ing shoot you!’
Payne also warned DiGuglielmo: ‘Don’t come over here!’ ‘Don’t come near my car!’ and ‘Don’t try that!’, prosecutors said, citing video evidence of the incident.
The two continued to stand off as DiGuglielmo followed Payne while she circled a nearby car.
DiGuglielmo was also seen gesturing with keys in his hand, which prosecutors said appeared to be a threatening motion that he planned to damage Payne’s vehicle.
A parking lot dispute turned deadly when Melissa Payne shot Bart DiGuglielmo following an argument over a parking bay
Witnesses saw the shocking moments when DiGuglielmo (red circle) confronted Payne after she parked in the space
Payne then fired her gun and struck DiGuglielmo in the abdomen. He was rushed to a nearby hospital where he later died.
His death was ruled a homicide from a gunshot wound, according to the Medical Examiner’s Office.
Payne was apprehended by the Broward County Sheriff’s Office. Her husband was later questioned by authorities and confirmed he was on the phone with her when the killing unfolded.
Her husband testified that Payne told him: ‘Bae, I shot. Call the cops,’ before he rushed to the Walmart.
‘The video does not demonstrate that MP [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,’ Zaccor wrote.
‘Florida is a Stand Your Ground State. MP 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.’
DiGuglielmo’s sister told CBS News in June that the loss of her brother, a decorated military veteran who served in Desert Storm, was devastating.
The two engaged in a tense confrontation while Payne was on the phone with her husband and had a firearm in hand
DiGuglielmo died from his injuries at the Broward Health Medical Center
‘He was a Christian man and a very good person and would not hurt anyone,’ she said.
His daughter, Amanda Marie DiGuglielmo, shared a GoFundMe on Facebook to raise money for legal expenses after his death.
‘My father was a 62-year-old veteran who proudly served our country for 20 years, including serving during Desert Storm and Desert Shield,’ ,’ she wrote.
‘After his military service, he dedicated another 20 years of his life as an ER trauma nurse, caring for vulnerable patients during some of the most difficult moments of their lives
‘He spent his life serving others — his country, his patients, his family, and the people around him.
‘He dedicated decades to helping and protecting others, and he deserved to have someone advocating for him when he could no longer advocate for himself.’
An online petition was also launched to push the Broward County Sheriff’s Office and State Attorney’s Office to provide greater transparency in the case and release all related records.
The petition also called on Florida officials to establish a transparency standard in similar cases and conduct independent reviews of comparable instances.
DiGuglielmo worked as a nurse for 30 years and was a veteran. He served for two decades ring Desert Storm and Desert Shield, according to his family
The veteran’s daughter, Amanda Marie, has advocated online for transparency from law enforcement in her father’s case
‘A veteran was killed in his own country, in a public parking lot, after a dispute that should never have ended in death,’ the petition read.
Melissa Rodriguez, an attorney for the family, told NBC6 South Florida that they were ‘disappointed’ that Payne would not face charges.
Our News Outlet has reached out to DiGuglielmo’s family and their legal representation for comment. Payne could not be reached for comment.
