NORTH LAUDERDALE, Fla. â A Florida woman who fatally shot a 62-year-old U.S. Army veteran following a confrontation in a Walmart parking lot will not face criminal charges after prosecutors concluded that her use of deadly force was protected under Florida’s self-defense law.
The Florida woman who shot and killed 62-year-old Army veteran Bart Diguglielmo will not face charges due to Florida's "stand your ground" laws, according to the New York Post.
— Collin Rugg (@CollinRugg) September 3, 2026
The Broward County state attorneyâs office says the woman, Melissa Payne, acted in self-defense and is⌠pic.twitter.com/MpsRpWS3s5
Melissa Payne was identified by the Broward County State Attorneyâs Office as the woman who shot Bart Diguglielmo on June 30 outside the Walmart at 7900 W. McNab Road in North Lauderdale.
According to a closeout memo cited by Local 10 News, prosecutors determined that Payne was immune from prosecution because the evidence supported her claim that she reasonably believed deadly force was necessary to prevent imminent death or great bodily harm.
The decision closes the criminal investigation without charges against Payne, although Diguglielmo’s family continues to dispute that the shooting was justified.
What happened in the Walmart parking lot?
The confrontation began shortly before 12:30 p.m. on June 30 when Payne and Diguglielmo attempted to park in the same space, according to investigators.
The Broward Sheriff’s Office said deputies responded to the North Lauderdale Walmart at approximately 12:28 p.m. after receiving a report of a shooting.
Prosecutors said video from multiple recording devices captured events surrounding the confrontation. Payne was with her niece and her niece’s baby, while Diguglielmo was alone in a white Kia SUV when both drivers attempted to claim the same parking space, according to the prosecution account reported by Local 10.
A brief standoff followed before both got out of their vehicles. Diguglielmo then entered the Walmart while Payne parked her Chevrolet Malibu in the disputed space, prosecutors said.
Investigators said Diguglielmo returned to his SUV roughly 90 seconds later. Two witnesses reported hearing him make a threatening remark toward Payne before he drove away, according to the closeout memo.
Prosecutors said Diguglielmo subsequently parked roughly two aisles away and walked back toward Payne’s vehicle. Witnesses described him as appearing angry and said he remained nearby while watching Payne.
When Diguglielmo approached her car, prosecutors said Payne stepped out holding a phone in one hand and a firearm in the other.
According to the memo, Payne repeatedly warned Diguglielmo not to continue approaching her and told him she would shoot if he did.
A witness also reportedly urged both people to stop the confrontation, telling them that it was not worth it.
Investigators said Diguglielmo initially moved back but then began approaching Payne again while making hand gestures.
Payne then fired one shot, striking Diguglielmo in the abdomen, according to investigators.
Deputies responding to the scene found Diguglielmo suffering from a gunshot wound. North Lauderdale Fire Rescue transported him to Broward Health Medical Center, where he was later pronounced dead.
Payne remained at the scene, cooperated with homicide detectives and told investigators that she had acted in self-defense, according to the Broward Sheriff’s Office.
Why prosecutors decided not to charge Melissa Payne
The central question for prosecutors was whether Payne’s actions met the requirements of Florida law governing the justified use of deadly force.
According to the State Attorney’s Office memo reported by Local 10, prosecutors concluded that the evidence supported Payne’s assertion that she reasonably believed deadly force was necessary to prevent imminent death or great bodily harm.
After reviewing the available evidence â including video recordings and witness accounts â prosecutors determined that Payne was entitled to immunity from prosecution.
The decision means Payne will not be criminally prosecuted in connection with Diguglielmo’s death.
The announcement has drawn renewed attention on social media as users debate the confrontation captured on video and the application of Florida’s self-defense laws. The case comes as several other high-profile criminal proceedings have attracted national attention, including the Lindsay Clancy trial, where jurors recently reported being deadlocked.
Army veteran’s family disputes self-defense finding
Diguglielmo’s family has strongly disagreed with the conclusion that the shooting was legally justified.
Melissa Rodriguez, an attorney representing Diguglielmo’s daughter Amanda, told Local 10 that the family was disappointed prosecutors would not pursue criminal charges and maintained that the circumstances did not warrant immunity under Florida’s self-defense law.
Amanda Diguglielmo previously described her father as a devoted family man who spent approximately three decades working as an emergency-room trauma nurse.
She said he was a father of three, a grandfather, a twin brother and an Army veteran who had served as a sergeant.
The family’s attorney has maintained that criminal charges should have been filed and disputes prosecutors’ characterization of the shooting as justified self-defense.
Diguglielmo’s death has also contributed to discussion about how quickly everyday confrontations can turn fatal. In another recent case covered by Swikblog, authorities said a suspect wanted after a Georgia police officer was killed died following a multistate search.
The State Attorney’s Office decision means the fatal June 30 encounter will not result in criminal charges against Payne based on the evidence reviewed by prosecutors.
This report is based on information released by the Broward Sheriff’s Office and reporting on the Broward County State Attorney’s Office closeout memo. Swikblog will update this story if authorities or the Diguglielmo family release significant new information.















