NORTH LAUDERDALE, FLA. (WSVN) - The Broward State Attorney cited Florida’s “stand your ground” law after announcing no charges would be filed against a woman at the center of a fatal shooting in a North Lauderdale parking lot over the summer.
A single shot by Melissa Payne ended the June 30 confrontation in the Walmart parking lot near 7900 West McNab Road. Bart Diguglielmo, the 62-year-old victim, was rushed to the hospital where he later died.
Months after the incident, Broward State Attorney Harold F. Pryor announced no charges would be filed against Payne after she told investigators she feared for her life when she made the decision to fatally shoot Diguglielmo.
Cellphone video captured the confrontation between both individuals.
Diguglielmo is seen falling to the ground after being shot while Payne placed her firearm on top of her vehicle.
Authorities arrived a short time later and detained Payne, who said it all began after he directed threats at her over a parking spot.
“I backed into the spot. Before I did that, he got out of his vehicle, he was going on about what he was gonna do to my car, to my vehicle,” Payne told authorities. “He said, like, scratch it and he was doing a motion to it. When he said he was gonna scratch my vehicle, that’s what made me not get out of the car.”
The State Attorney’s Office explains that Diguglielmo left in his vehicle for a brief time after that initial confrontation.
“I’m still in my vehicle. So he says a few things again, he gets into his car, he pulls off,” Payne told deputies.
Surveillance video from the parking lot shows Diguglielmo parked not too far away from where the initial incident occurred then made his way back to her vehicle.
That was when Payne decided to confront him.
“When I see he comes walking up again, walking in my direction, I step out of the vehicle, I had my gun down on the side. I said, ‘Sir, please do not approach my vehicle. Do not come near us.’ Instead, he’s going on about scratching or doing little hand gestures or whatever. I told him, ‘It’s not gonna go well for you, please.’ The other guys are telling him, ‘Sir, sir, it’s not worth it, please leave her alone, walk away,'” Payne said at the time.
Diguglielmo did not walk away, instead choosing to continue approaching Payne, which led to her shooting him.
In the state attorney’s close-out memo on the case, officials explain that Payne “did not have to wait to be attacked before resorting to deadly force. She did not have to retreat as long as her fear was reasonable and no evidence has been presented to disprove that.”
An attorney representing Diguglielmo’s family told 7News they are disappointed by the state attorney’s decision to not pursue charges.
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