Prosecutors in Broward County, Florida, have decided not to file charges against Melissa Payne, who shot and killed Bart DiGuglielmo during an argument over a parking spot at a Walmart on June 30, 2026. The State Attorney's Office determined Payne was protected by Florida's "Stand Your Ground Law."
Stephen Zaccor, chief of the homicide trial unit for the Broward County State Attorney's Office, stated that the available video evidence indicated DiGuglielmo had threatened Payne, and prosecutors could not prove she did not fear for her life. Payne, who is not a convicted felon, had a legal right to carry a firearm under the state's open carry laws, and the incident occurred in a public place.
The dispute began when both Payne and DiGuglielmo attempted to park in the same spot. DiGuglielmo, alone in his Kia SUV, initially left his vehicle and entered the Walmart. Payne then parked her Chevrolet Malibu in the disputed spot with her niece and infant niece present.
Approximately one minute later, DiGuglielmo returned and confronted Payne, reportedly saying, "I'm gonna f*** your s*** up." Witnesses also reported he threatened to "mess her car up" before returning to his vehicle and parking in a nearby handicap spot. Witnesses described him as visibly angry and shaking while watching Payne.
As DiGuglielmo approached Payne, she exited her vehicle holding a phone and a firearm. She warned him multiple times not to approach her or her car. Video evidence showed DiGuglielmo gesturing with his keys, which prosecutors interpreted as a threat to damage her vehicle. Payne then fired her weapon, striking DiGuglielmo in the abdomen. He was transported to Broward Health Medical Center, where he later died from the gunshot wound.
DiGuglielmo's family described him as a decorated military veteran who served in Desert Storm and Desert Shield, and who later worked for 20 years as an ER trauma nurse. His daughter, Amanda Marie DiGuglielmo, initiated a GoFundMe for legal expenses and advocated for transparency in the case, questioning why someone who spent his life serving others deserved to be killed. An online petition also called for greater transparency from law enforcement and independent reviews of similar cases in Florida.
Melissa Rodriguez, an attorney for the DiGuglielmo family, expressed disappointment with the decision not to press charges. Payne's husband confirmed he was on the phone with her during the incident and that she informed him, "Bae, I shot. Call the cops."