Florida Woman Cleared in Fatal Walmart Parking Dispute Under ‘Stand Your Ground’ Law

A Florida woman will not face criminal prosecution after fatally shooting an agitated man during a dispute over a parking space outside a Walmart store in North Lauderdale. According to a formal determination released by the Broward County State Attorney’s Office, Melissa Payne acted within the scope of Florida’s statutory “Stand Your Ground” self-defense protections when she opened fire on 65-year-old Bart DiGuglielmo on June 30. Prosecutors affirmed that Payne held a reasonable fear of imminent bodily harm or death, granting her complete immunity from prosecution under state law.

The altercation unfolded around midday when Payne, who was driving with her niece and an infant relative, attempted to pull into the same parking space as DiGuglielmo. Extensive surveillance footage captured DiGuglielmo initially leaving his vehicle in the driving lane to retrieve a shopping cart before abruptly returning, shouting threats to damage Payne’s vehicle, and speeding into an adjacent handicap space. Eyewitnesses described the 65-year-old as shaking and visibly enraged as he smoked a cigarette under a tree before aggressively advancing directly toward Payne’s vehicle.
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Fearing for her safety and the infant inside, Payne exited the car holding her mobile phone and a licensed handgun, repeatedly warning DiGuglielmo to retreat. Surveillance video revealed that while DiGuglielmo momentarily hesitated, he resumed his pursuit as Payne stepped away. When he approached her car clutching keys as if to scratch the vehicle, then abruptly turned back to confront her again, Payne discharged a single round into his abdomen. She immediately placed the firearm atop her vehicle, instructed her husband via phone to alert police, and cooperated fully with responding deputies from the Broward Sheriff’s Office.
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DiGuglielmo, an Army veteran and former trauma nurse whose toxicology report later revealed traces of amphetamines, THC, and sertraline, was rushed to Broward General Hospital where he succumbed to his injuries. In an exhaustive immunity memorandum, Division Chief Stephen Zaccor noted that the state bore the legal burden of disproving Payne’s self-defense claim with clear and convincing evidence, an impossibility given DiGuglielmo’s persistent aggression. Characterizing the fatal confrontation as “as tragic as it was absurd,” prosecutors formally closed the inquiry without charges.