Florida woman who fatally shot man to not face charges due to ‘stand your ground’ law
Melissa Payne shot and killed 62-year-old Bart Diguglielmo, who was unarmed, in June in dispute over a parking space A Florida woman who shot and killed a 62-year-old army veteran in a dispute over a space at a Walmart parking lot will not face charges because of the state’s stand your ground law, prosecutors said. Melissa Payne opened fire in June on Bart Diguglielmo, who was unarmed, during the incident in North Lauderdale. Security cameras and cellphone video of passersby captured the argument and Payne firing a single shot. On Thursday, prosecutors for the Broward county state attorney’s office ruled that Payne was protected by the 2005 law, which insulates from criminal charges any person who uses deadly force when they fear an imminent threat to their life, or the likelihood of serious bodily harm. Although Diguglielmo had no weapon, he was seen on the video circling Payne and her vehicle, and moving towards her several times, leading prosecutors to conclude she acted in self-defense.
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She did not have to retreat as long as her fear was reasonable and no evidence has been presented to disprove that.” Videos of the incident, which were widely scrutinized after the 30 June encounter, show Diguglielmo “aggressively approach” Payne, according to the memo. Who was unarmed, prosecutors said. You walked up on me several times and it went from there.” Payne was arrested and placed in handcuffs, and later released.