Broward prosecutors have announced that Florida's 'Stand Your Ground' law makes Melissa Payne immune from prosecution for the fatal shooting of Bart DiGuglielmo. The incident occurred on June 30 at a Walmart in North Lauderdale following a disagreement over a parking space. According to the Broward State Attorney's Office, surveillance video released by investigators shows the confrontation that led to DiGuglielmo’s death.
Details of the Confrontation
The approximately 18 minutes of surveillance footage reveal that Payne and DiGuglielmo were initially competing for the same parking spot. Payne ultimately secured the space, while DiGuglielmo parked elsewhere. However, witnesses described DiGuglielmo as visibly shaking and angry when he later returned to the area where Payne was parked. Video evidence shows Payne moving away for about 90 seconds as DiGuglielmo continued toward her position.
According to prosecutors, Payne warned DiGuglielmo multiple times not to approach her or her vehicle. Despite these warnings and her attempts to distance herself from the confrontation, she eventually fired one shot that struck him in the abdomen. Immediately after firing the weapon, Payne placed it on the roof of her car.
Legal Determination and Family Response
After being briefly detained, Payne agreed to speak with investigators after being read her Miranda rights. In her statement, she claimed DiGuglielmo had threatened to damage her vehicle. She stated that when he walked toward her again, she stepped out of the car with her gun at her side and told him not to approach, more context in Florida Attorney General Criticizes Brutal Foul on Sophie Cunningham During WNBA.
The Broward State Attorney's Office concluded in its closeout memo that while the video does not demonstrate Payne was 'in the right,' prosecutors determined they could not overcome her claim that she reasonably feared great bodily harm. This legal standard under Florida law provided immunity from criminal charges. DiGuglielmo’s family expressed disagreement with this decision, telling CBS News Miami in a text message that their heart is broken.
