A Black Florida woman who claimed she shot and killed a man at Walmart in self-defense will not face charges.
The woman, identified as Melissa Payne, shot Bart Diguglielmo, 62, at a North Lauderdale Walmart on June 30. The Army Vet died a day later.
The Broward County state attorney’s office announced on Thursday that Payne is immune from prosecution due to the state’s “stand your ground” law.
Parking Dispute
The encounter between Payne and Diguglielmo began when they both tried parking in the same spot. According to the state attorney’s office, Payne was with a niece and her niece’s daughter, while Diguglielmo was alone.
After a brief stalemate, Payne and Diguglielmo exited their respective vehicles.
“BD inexplicably abandoned his car in the through lane of travel, walked toward the shopping cart area, retrieved a cart, and walked into Walmart. During his absence,
MP was able to successfully park her vehicle,” the memo said.
The office says that about a minute later, Diguglielmo returned to his car and threatened Payne.
“Witness A.S. reported she heard BD threaten “I’m gonna f–k your sh-t up.” Witness H.S. reported she heard BD threaten he was going to “mess her car up.” Witness M.J. reported she heard BD threaten that he was “going to f–k her sh-t up.”
Diguglielmo then drove away and parked a few rows over from Payne. Instead of going to Walmart, he went back to where Payne was parked with her niece’s infant daughter.
“BD then walked across the aisle and remained standing, smoking a cigarette, under
another tree. Witness A.S. described him as ‘visibly angry’ and that he was shaking
as he was watching MP.”
A Deadly Confrontation
Once Diguglielmo made his way back to Payne’s car, the memo states that she exited the vehicle with her phone in her left hand and firearm in the right.
A witness reports that they heard Payne tell Diguglielmo, “If you keep coming up to me, I’m going to f–king shoot you!” Despite those warnings, Diguglielmo still continued to approach Payne.
The memo states that Payne continued to back away from Diguglielmo, but he kept advancing towards her.
“MP made it completely around the vehicle and BD pursued her the entire time. BD then walked up to MP’s vehicle and, with keys in his hand, motioned as if he was going to damage it,” the memo said.
It was at that point that Payne shot Diguglielmo in the abdomen.
Payne then placed her firearm on the roof of her vehicle and was briefly taken into custody
by the Broward Sheriff’s Office.
The state attorney’s office says Payne’s statement to police was consistent with video evidence.
Stand Your Ground
Florida is one of 23 states that have an active “stand your ground” law.
To fall under the law, an individual must be in a place where they are legally allowed to be. They also cannot be the initial aggressor.
In his analysis, state attorney Harold Pryor says Payne had the legal right to be at Walmart, a public place.
Pryor also adds that Payne had the right to stand her ground if she was in reasonable fear of death or great bodily harm.
“The video does not demonstrate that MP 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,” Pryor wrote. “Florida is a Stand Your Ground State. MP did not have to wait to be attacked before resorting to deadly force.”
Since Payne is immune from prosecution, she also cannot be subjected to a lawsuit in civil court for monetary damages.
