MIAMI — A Florida woman who fatally shot a retired Army staff sergeant during a confrontation in a Walmart parking lot will not face criminal charges after prosecutors concluded that she was legally protected under the state’s “Stand Your Ground” law.

The decision follows an investigation into the June 30 shooting outside a Walmart supercenter in North Lauderdale, Florida, where 62-year-old Bart Diguglielmo was shot during a confrontation that began over a parking space.

Prosecutors announced Thursday that Melissa Payne, the woman who fired the shot, is immune from prosecution after determining that the evidence supported her claim that she reasonably feared serious harm.

The case has drawn attention because surveillance footage captured much of the confrontation, providing investigators with a detailed look at the events leading up to the shooting.

Fatal confrontation began over a parking space
According to a legal memorandum released by prosecutors, Payne arrived at the Walmart parking lot in a white Chevrolet Malibu accompanied by her niece and infant great-niece.

Diguglielmo, who was driving a Kia SUV, was also attempting to park in the same area.

The two vehicles became involved in what investigators described as a brief stalemate. Both drivers eventually exited their vehicles, setting the stage for an argument that would ultimately end with a fatal shooting.

According to the investigation, Diguglielmo initially left his vehicle in the traffic lane and went to retrieve a shopping cart before entering the Walmart.

Payne remained in her vehicle while her niece went inside the store.

Approximately a minute and a half later, Diguglielmo returned to his SUV and began speaking with Payne.

Several witnesses later told investigators that the retired soldier appeared angry and made threatening remarks during the confrontation.

Witnesses described escalating threats
The prosecutor’s memorandum states that one witness heard Diguglielmo threaten Payne, allegedly telling her, “I’m gonna f— your s— up.”

Another witness reportedly said he threatened to damage her vehicle.

Payne also told deputies that the confrontation included a racial slur directed at her.

The statements became an important part of prosecutors’ assessment of whether Payne could reasonably have feared an imminent physical attack.

After the initial exchange, Diguglielmo reportedly drove away at a high rate of speed before parking again.

Instead of immediately entering the store, investigators said he returned toward Payne, who remained inside her vehicle with her young great-niece.

One witness described Diguglielmo as visibly angry and shaking while smoking a cigarette and watching Payne.

Payne warned him before firing
The confrontation escalated when Diguglielmo approached Payne’s vehicle.

According to witness accounts and video evidence cited by prosecutors, Payne exited the vehicle while holding her phone in one hand and a firearm in the other.

She reportedly warned him several times.

One bystander told investigators that Payne shouted words to the effect of “It’s not worth it” and warned that she would shoot if he continued approaching her.

Despite the warnings, prosecutors said Diguglielmo continued moving toward Payne while making hand gestures.

Payne later told investigators that Diguglielmo challenged her to shoot him, although that portion of the encounter was based on her account rather than an independently established fact.

Surveillance footage released by prosecutors showed Diguglielmo moving around another parked vehicle before approaching Payne’s car.

Investigators said he also appeared to gesture toward the vehicle with his keys, which prosecutors interpreted as an apparent threat to damage the car.

He then turned back toward Payne.

That was when she fired.

One shot ended the confrontation
Payne fired a single shot, striking Diguglielmo in the abdomen.

The entire confrontation was captured on video, allowing investigators to examine the sequence of events leading immediately up to the shooting.

Diguglielmo was transported to Broward General Hospital, where he later died from his injuries.

The medical examiner determined that his cause of death was a gunshot wound and classified the manner of death as homicide, a medical-legal classification indicating that the death resulted from the actions of another person. It does not by itself determine criminal responsibility.

Payne was briefly detained after the shooting and subsequently released while prosecutors reviewed the evidence.

Prosecutors cite Florida’s Stand Your Ground law
After reviewing witness statements, surveillance footage, body-worn camera recordings and other evidence, prosecutors concluded that Payne was protected by Florida’s self-defense law.

Prosecutor Stephen J. Zaccor wrote that Florida law does not require a person who is lawfully threatened to wait until an attack actually occurs before using deadly force.

The prosecutor further concluded that Payne’s fear of serious bodily harm was reasonable under the circumstances presented by the evidence.

The legal standard was critical to the final decision.

Rather than asking whether Payne could have handled the confrontation differently, prosecutors examined whether the state could disprove her claim of lawful self-defense under the applicable legal standard.

According to Zaccor, the evidence did not meet that threshold.

As a result, Payne was granted immunity from prosecution and will not be criminally charged in connection with Diguglielmo’s death.

Toxicology revealed drugs in veteran’s system
The investigation also included a post-mortem toxicology examination.

According to prosecutors, Diguglielmo had amphetamines, Delta-9 THC and sertraline in his system at the time of his death.

Delta-9 THC is the primary psychoactive compound associated with cannabis, while sertraline is an antidepressant medication.

The presence of those substances was among the facts documented in the investigation, although their presence alone does not establish what caused the confrontation or determine whether Diguglielmo was impaired at the precise moment of the shooting.

Family remembered Diguglielmo as a decorated veteran
Diguglielmo was a retired Army staff sergeant who, according to family members, had served during Operation Desert Storm.

His death has therefore brought a particularly complicated dimension to the case: a confrontation that reportedly began with a dispute over a parking space ended with the death of a longtime military veteran.

At the same time, prosecutors emphasized that their decision was based on the available evidence and Florida law rather than on Diguglielmo’s military background or personal history.

Video evidence played a central role
Perhaps the most significant element of the investigation was the availability of surveillance footage.

Unlike cases in which investigators must reconstruct a fatal confrontation primarily through conflicting eyewitness accounts, prosecutors were able to examine video showing the movements of both individuals immediately before the shooting.

The footage became central to the state’s analysis of Payne’s self-defense claim.

According to Zaccor, the video did not necessarily establish that Payne was unquestionably “in the right” throughout the encounter. Instead, prosecutors determined that it failed to provide enough evidence to overcome her legal claim that she reasonably feared serious bodily harm.

That distinction ultimately proved decisive.

No criminal charges expected
With the prosecutor’s decision, Payne will not face criminal prosecution for the fatal shooting.

The case illustrates the significant protection Florida’s Stand Your Ground statute can provide when prosecutors determine that a person used deadly force under circumstances legally recognized as self-defense.

It also highlights how rapidly an ordinary dispute can escalate when two strangers become involved in a confrontation.

What began as a disagreement involving a parking space at a Walmart in North Lauderdale ultimately resulted in the death of a 62-year-old Army veteran.

After reviewing the evidence, however, prosecutors concluded that they could not legally pursue charges against Payne.

For now, the criminal investigation has effectively reached its conclusion, leaving the fatal Walmart parking-lot confrontation as a case where surveillance footage, witness statements and Florida’s self-defense laws all played a decisive role.