Topline: A fatal fight over a Walmart parking space ended with one man dead and prosecutors now saying the woman who shot him is immune from prosecution.
Published: September 7, 2026 10:04 pm ET
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Bart Diguglielmo
NORTH LAUDERDALE, FL — A woman who fatally shot 62-year-old Bart Diguglielmo during a confrontation over a parking space in a Walmart parking lot earlier this summer will not face criminal charges.
In a closeout memo, prosecutors said Melissa Payne is immune from prosecution under Florida’s stand your ground law after investigators reviewed multiple videos of the June 30 encounter and found they could not disprove her claim that she reasonably feared imminent death or great bodily harm. The decision was reported by WFLA, ABC News and the Broward County State Attorney’s Office.
Authorities said Diguglielmo and Payne both tried to take the same parking space outside the Walmart at 7900 W. McNab Road. Prosecutors said a brief stalemate followed, then Diguglielmo left his vehicle in the travel lane, went into the store, returned, and was heard by witnesses threatening to damage Payne’s car before driving off, parking about two aisles away, and watching her while appearing angry.
According to the state attorney’s memo, Payne was with her niece and her niece’s baby when Diguglielmo walked back toward her vehicle. She got out holding a phone in one hand and a gun in the other and repeatedly warned him not to come closer, while a witness shouted that it was not worth it. Prosecutors said video showed Diguglielmo continue approaching and gesturing as if he might damage the car with his keys, while Payne backed away before firing one shot into his abdomen.
Diguglielmo, a Lauderhill man identified by deputies as a U.S. Army veteran, was taken to Broward Health Medical Center, where he died. Payne was detained briefly after the shooting, but prosecutors said her account matched the video evidence and that Florida law did not require her to retreat before using deadly force if her fear was reasonable.
The decision drew criticism from Diguglielmo’s family. His daughter, Amanda Diguglielmo, told Local 10 through an attorney that she was disappointed prosecutors would not pursue criminal charges and said the circumstances did not justify stand your ground immunity.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Woman Who Fatally Shot Man in Florida Walmart Parking Lot Will Not Face Charges
A fatal fight over a Walmart parking space ended with one man dead and prosecutors now saying the woman who shot him is immune from prosecution.
By Aaron Stephensen
Published: September 7, 2026 10:04 pm ET
Bart Diguglielmo
NORTH LAUDERDALE, FL — A woman who fatally shot 62-year-old Bart Diguglielmo during a confrontation over a parking space in a Walmart parking lot earlier this summer will not face criminal charges.
In a closeout memo, prosecutors said Melissa Payne is immune from prosecution under Florida’s stand your ground law after investigators reviewed multiple videos of the June 30 encounter and found they could not disprove her claim that she reasonably feared imminent death or great bodily harm. The decision was reported by WFLA, ABC News and the Broward County State Attorney’s Office.
Authorities said Diguglielmo and Payne both tried to take the same parking space outside the Walmart at 7900 W. McNab Road. Prosecutors said a brief stalemate followed, then Diguglielmo left his vehicle in the travel lane, went into the store, returned, and was heard by witnesses threatening to damage Payne’s car before driving off, parking about two aisles away, and watching her while appearing angry.
According to the state attorney’s memo, Payne was with her niece and her niece’s baby when Diguglielmo walked back toward her vehicle. She got out holding a phone in one hand and a gun in the other and repeatedly warned him not to come closer, while a witness shouted that it was not worth it. Prosecutors said video showed Diguglielmo continue approaching and gesturing as if he might damage the car with his keys, while Payne backed away before firing one shot into his abdomen.
Diguglielmo, a Lauderhill man identified by deputies as a U.S. Army veteran, was taken to Broward Health Medical Center, where he died. Payne was detained briefly after the shooting, but prosecutors said her account matched the video evidence and that Florida law did not require her to retreat before using deadly force if her fear was reasonable.
The decision drew criticism from Diguglielmo’s family. His daughter, Amanda Diguglielmo, told Local 10 through an attorney that she was disappointed prosecutors would not pursue criminal charges and said the circumstances did not justify stand your ground immunity.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Editor Picks
Latest Articles
Woman Who Fatally Shot Man in Florida Walmart Parking Lot Will Not Face Charges
A fatal fight over a Walmart parking space ended with one man dead and prosecutors now saying the woman who shot him is immune from prosecution.
By Aaron Stephensen
Published: September 7, 2026 10:04 pm ET
Bart Diguglielmo
NORTH LAUDERDALE, FL — A woman who fatally shot 62-year-old Bart Diguglielmo during a confrontation over a parking space in a Walmart parking lot earlier this summer will not face criminal charges.
In a closeout memo, prosecutors said Melissa Payne is immune from prosecution under Florida’s stand your ground law after investigators reviewed multiple videos of the June 30 encounter and found they could not disprove her claim that she reasonably feared imminent death or great bodily harm. The decision was reported by WFLA, ABC News and the Broward County State Attorney’s Office.
Authorities said Diguglielmo and Payne both tried to take the same parking space outside the Walmart at 7900 W. McNab Road. Prosecutors said a brief stalemate followed, then Diguglielmo left his vehicle in the travel lane, went into the store, returned, and was heard by witnesses threatening to damage Payne’s car before driving off, parking about two aisles away, and watching her while appearing angry.
According to the state attorney’s memo, Payne was with her niece and her niece’s baby when Diguglielmo walked back toward her vehicle. She got out holding a phone in one hand and a gun in the other and repeatedly warned him not to come closer, while a witness shouted that it was not worth it. Prosecutors said video showed Diguglielmo continue approaching and gesturing as if he might damage the car with his keys, while Payne backed away before firing one shot into his abdomen.
Diguglielmo, a Lauderhill man identified by deputies as a U.S. Army veteran, was taken to Broward Health Medical Center, where he died. Payne was detained briefly after the shooting, but prosecutors said her account matched the video evidence and that Florida law did not require her to retreat before using deadly force if her fear was reasonable.
The decision drew criticism from Diguglielmo’s family. His daughter, Amanda Diguglielmo, told Local 10 through an attorney that she was disappointed prosecutors would not pursue criminal charges and said the circumstances did not justify stand your ground immunity.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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