A dispute over a parking spot in front of a supermarket ended in a gunshot that left the 62-year-old veteran dead, but the woman who fired the shot was not prosecuted.
Melissa Payne, of Florida, who shot and killed Army veteran Bart Diguglielmo, 62, during an argument over parking at a Walmart in North Lauderdale, Florida, will not face criminal charges, after prosecutors determined she acted in self-defense and was granted immunity under the state's 'Stand Your Ground' law.
Mr. Bart was shot in the stomach at noon on June 30.
According to the September 3 announcement of the State Attorney's Office in Broward County, the conflict arose when Melissa and Mr. Bart both wanted to park in the same vacant spot. The two drivers got into position and a short struggle ensued.
Both then got out of the car. Mr. Bart parked his car in the middle of the lane, took a cart and went into Walmart. About a minute and a half later, he returned. The camera recorded him talking to Melissa. Some witnesses said Mr. Bart threatened to destroy the car and said: 'I will deal with you'.
After that, he drove away at high speed and parked in another location. Instead of entering the store, he returned to the area where Melissa was sitting in the car with her young granddaughter. A witness described Mr. Bart as 'very angry', smoking and looking at Melissa.
As he walked toward the car, Melissa got out. She holds a phone in her left hand and a gun in her right hand. The witness described Payne warning: 'If you keep coming towards me, I will shoot'.
Mr. Bart continued to approach and make hand movements. Melissa testified that Mr. Bart said: 'I've met people who are more stubborn than you. Shoot me, shoot me'.
The camera recorded the scene of Mr. Bart going around another car to continue toward Melissa. He raised the keys towards her car as if intending to damage it.
When Mr. Bart turned around and continued toward Melissa, she shot him once in the stomach. The entire incident was recorded by camera.
Mr. Bart was taken to the hospital but died from his serious injuries. Autopsy results showed he had amphetamine, Delta-9 THC - the psychoactive compound in cannabis - and the antidepressant sertraline in his blood at the time of death.
There is no need to wait to be attacked before opening fire
Melissa was detained but released after claiming she acted in self-defense.
In his analysis of the case, prosecutor Stephen J. Zaccor argued that Melissa was in a public place and had the right to possess a gun, 'therefore she did not commit any unlawful act at the time of the use of deadly force'.
Florida is a state that applies the 'Stand Your Ground' law (the law does not force the self-defense person to retreat). Accordingly, a person is not obliged to retreat before using force in self-defense, if the legal conditions are met.
According to the prosecutor, Melissa had no obligation to wait until she was attacked before using deadly force. She also does not have to retreat before using force, as long as her fear is reasonable and there is no strong enough evidence to refute it.
After reviewing video, witness statements and other evidence, prosecutors concluded the state of Florida did not have enough evidence to refute the claim that Melissa genuinely feared she would be seriously injured.
