NORTH LAUDERDALE, Fla. — The woman who shot and killed a U.S. Army veteran over the summer in the parking lot of a Walmart in North Lauderdale will not be prosecuted, Local 10 learned Thursday.
The woman was identified in a closeout memo from the Broward County State Attorney’s Office as Melissa Payne.
“If at the time Melissa Payne used deadly force: she was not doing anything unlawful; was in a place she had a right to be; and ‘she reasonably believe[d] that using or threatening to use such force [was] necessary to prevent imminent death or great bodily harm,’ then she is immune from arrest and prosecution,” the memo stated.
Bart Diguglielmo, of Lauderhill, was shot on June 30 outside the Walmart located at 7900 W. McNab Road after an argument with Payne, deputies with the Broward Sheriff’s Office said.
According to the memo, the entire incident was captured on various video recording devices and shows Payne, who was with her niece and her niece’s baby; and Diguglielmo, who was alone inside his white Kia SUV, attempting to park in the same parking space.
Prosecutors said a “brief stalemate ensued” before Payne and Diguglielmo both exited their vehicles.
According to the memo, Diguglielmo abandoned his vehicle in the travel lane, grabbed a shopping cart and entered the Walmart as Payne parked her Chevy Malibu in the parking space.
Diguglielmo returned to his SUV about 90 seconds later and two witnesses reported that he told Payne, “I’m gonna f*** your shit up,” the memo states.
He then drove off at a high rate of speed, prosecutors said.
According to the memo, Diguglielmo parked about two aisles west of Payne’s car, walked toward her vehicle and then lingered under a tree nearby while smoking a cigarette.
Witnesses said Diguglielmo appeared angry as he watched Payne and was shaking.
Prosecutors said Diguglielmo then approached Payne’s car, at which point she exited her vehicle with her phone in one hand and a gun in the other.
Payne warned Diguglielmo, “If you keep coming up to me, I’m going to f***ing shoot you!” the memo stated.
According to the memo, a witness yelled out to both Payne and Diguglielmo, saying “It’s not worth it!”
Prosecutors said Payne continued warning Diguglielmo, “Don’t come over here!” “Don’t come near my car!” and “Don’t try that!”
The memo stated that Diguglielmo initially backed off, but then continued to approach Payne while making hand gestures.
Prosecutors said Payne ultimately shot Diguglielmo once in the abdomen.
He was taken to a hospital, where he later died from his injuries.
Melissa Rodriguez, an attorney for the man’s daughter, told Local 10 News, “Amanda Diguglielmo is very disappointed to hear that they won’t be pursuing criminal charges in the case. We have maintained that the situation did not warrant stand your ground immunity.”
In an exclusive interview with Local 10 News, Amanda Diguglielmo described her father as a devoted family man who worked as an emergency room trauma nurse for 30 years.
“He was a great man. He was a father, he was a grandfather (and) he was a brother,” she said.
Amanda Diguglielmo said her father was also a twin brother, a father of three and a sergeant in the Army.
When asked what she would miss most about her father, Amanda Diguglielmo said, “Everything — being able to call him, have lunch, holidays, everything.”
Amanda Diguglielmo and her attorney dispute that Payne shot Bart Diguglielmo in self-defense.
“This was not a situation of self-defense or stand your ground immunity. I don’t believe that the shooting was justified,” Rodriguez said earlier this month. “I believe that criminal charges should be filed.”
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