Stand-Your-Ground Walmart Shooting Cleared
Florida Prosecutors Clear Walmart Shooter Under Stand-Your-Ground Law After Video Review
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Key Points
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Prosecutors said the encounter was effectively “no dispute” because “the entire incident was captured by various video recording devices,” quoting Broward State Attorney’s Office Homicide Trial Unit Division Chief Stephen Zaccor from the memo.
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The memo described specific threats and language attributed to Bart DiGuglielmo before the shooting, including that witnesses heard him say he was going to “mess her car up” and “---- her s--- up,” and that he was “visibly angry” while looking at Payne.
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Payne was described as having been on the phone with her husband during the incident and later telling him, “Bae, I shot. Call the cops,” according to the Broward memo details reported by SSBcrack.
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NBC Miami reported that the shooting happened at 7900 W. McNab Road (West McNab Road Walmart) and that Payne later was detained and released after claiming self-defense, with video/cellphone footage showing DiGuglielmo “aggressively approach” her despite her gun being in her hand.
Melissa Payne will not face charges for fatally shooting 62-year-old Bart DiGuglielmo outside a North Lauderdale Walmart on June 30, Broward County prosecutors announced. The shooting stemmed from a parking space dispute that escalated into a confrontation where DiGuglielmo allegedly approached Payne aggressively despite her drawing a gun and warning him to stay back. The Grio reported that Payne invoked Florida's stand-your-ground law, which allows people to use deadly force if they reasonably fear death or serious injury without having to retreat first.
Prosecutors said they could not prove Payne was acting without reasonable fear, citing extensive video evidence. According to Yahoo News, multiple cellphone recordings and surveillance footage captured the entire encounter, showing DiGuglielmo approaching Payne while she held her firearm and repeatedly told him not to come closer. The videos were decisive: prosecutors found no dispute about what happened.
Parking Dispute Turns Deadly
The confrontation began over a shared parking space at a Walmart on West McNab Road. DiGuglielmo allegedly made threats toward Payne's vehicle and her personally. PennLive reported that DiGuglielmo returned to his vehicle and then aggressively approached Payne despite her warnings and her drawing her gun. Witnesses heard him say he would "mess her car up" and was visibly angry while looking at Payne.
Video Evidence Becomes the Deciding Factor
The case hinged entirely on recordings. MassLive noted that cellphone footage and surveillance video captured DiGuglielmo's aggressive approach despite Payne holding her firearm. Broward State Attorney Stephen Zaccor wrote in his memo that the incident was effectively "no dispute" because "the entire incident was captured by various video recording devices." The recordings showed exactly what Payne said happened.
Stand-Your-Ground Law Shields Payne From Prosecution
Florida law allows people to use deadly force if they reasonably fear death or great bodily harm—without first trying to retreat or escape. Syracuse.com reported that prosecutors concluded they could not prove by clear and convincing evidence that Payne lacked reasonable fear. Because video showed DiGuglielmo advancing despite her warnings and visible firearm, the law protected her from criminal charges. Payne was detained briefly after the shooting, then released.
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