Melissa Payne will not face charges for fatally shooting 62-year-old Bart Diguglielmo, an unarmed army veteran, in a dispute over a parking space at a Walmart in North Lauderdale, prosecutors said. The Broward county state attorney's office ruled on Thursday that Payne was protected by Florida's 2005 stand your ground law, which shields from criminal charges anyone who uses deadly force when they fear an imminent threat to their life or the likelihood of serious bodily harm.
Incident details
Payne opened fire on Diguglielmo in June during the altercation. Security cameras and cellphone video from passersby captured the argument and Payne firing a single shot. Although Diguglielmo had no weapon, the video shows him circling Payne and her vehicle and moving towards her several times, leading prosecutors to conclude she acted in self-defense.
The incident followed an argument over who reached the parking space first. In audio recorded on a police officer's bodycam, Payne said Diguglielmo refused to back off or walk away, and she shot him once in the abdomen.
Legal standard
An amendment passed by the Florida legislature in 2017 to the original stand your ground law requires the state to prove "by clear and convincing evidence" that a person's use of force was not justified. Assistant state attorney Stephen Zaccor said in a "close-out memo" for the case that his office was unable to clear that bar.
"The video does not demonstrate that [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," the memo said. "Florida is a Stand Your Ground State. [Payne] 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."
Reaction
Payne was arrested and placed in handcuffs, and later released. Melissa Rodriguez, attorney for Diguglielmo's daughter, Amanda, told NBC that the family was "disappointed" Payne would not face charges. "All of the references are damage to the vehicle, damage to property, and while I understand this was a heated situation and a lot might have been said, damage to property does not constitute a reasonable ground for deadly force," she said.
