Prosecutors in Broward County, Florida, will not file charges against Melissa Payne, who shot and killed Bart DiGuglielmo in a dispute over a Walmart parking spot on June 30, 2026. The decision, announced by the State Attorney's Office, cites Florida's 'Stand Your Ground Law,' asserting Payne was protected under the statute.
Stephen Zaccor, chief of the homicide trial unit for the Broward County State Attorney's Office, stated that video evidence indicated DiGuglielmo had threatened Payne. Given these threats and the circumstances, prosecutors determined they could not prove Payne was not in fear for her life if the case proceeded to trial. Florida law allows individuals to use deadly force if they reasonably believe it is necessary to prevent death or great bodily harm, and they are not required to retreat from a public place where they have a right to be.
The incident began when both Payne, driving a white Chevrolet Malibu with her niece and infant daughter, and DiGuglielmo, in a white Kia SUV, attempted to secure the same parking space at a North Lauderdale Walmart. DiGuglielmo initially left his vehicle to enter the store, and Payne parked in the contested spot. Upon returning, DiGuglielmo confronted Payne, allegedly threatening to damage her car and her person. Witnesses reported hearing him say, "I'm gonna f*** your s*** up." He then left, parked in a handicapped spot, and appeared visibly angry. DiGuglielmo then approached Payne again, who had exited her vehicle holding her phone and a firearm. Witnesses reported Payne warned DiGuglielmo multiple times not to approach her or her car. She 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.
According to the decision, video evidence showed DiGuglielmo gesturing with his keys, which prosecutors interpreted as a potential threat to damage Payne's vehicle. The state's inability to disprove Payne's reasonable fear of harm was a key factor in the decision not to prosecute.
DiGuglielmo was a decorated military veteran who served in Desert Storm and Desert Shield. After his military service, he worked for 20 years as an ER trauma nurse. His family described him as a good person who would not hurt anyone. His daughter, Amanda Marie DiGuglielmo, has advocated for transparency in the case and called for independent reviews of similar incidents. An online petition also emerged, urging greater transparency from law enforcement and state attorneys regarding the case and similar instances.
Payne was taken into custody by the Broward County Sheriff's Office following the incident. Her husband confirmed he was on the phone with her at the time of the shooting and that she had told him she had shot someone before he arrived at the scene. Payne has no prior felony convictions and was legally permitted to carry a firearm under Florida's open-carry laws.