Florida woman guns down man in parking lot - no charges

[ProudVirgin69]

BROWARD COUNTY, Fla. (CBS12) — A Florida woman will not face criminal charges after fatally shooting a man during a dispute over a parking space at a North Lauderdale Walmart, according to the Broward State Attorney’s Office.

Prosecutors said Florida’s stand your ground law makes Melissa Payne immune from prosecution in the June 30 shooting death of Bart DiGuglielmo.

The confrontation began shortly after noon when Payne, driving a white Chevrolet Malibu, and DiGuglielmo, driving a white Kia SUV, tried to park in the same space at the Walmart.

Payne was with her niece and her niece’s infant daughter, according to a 22-page memo released by prosecutors. DiGuglielmo was alone.

Both drivers got out of their vehicles during a brief stalemate over the parking space. DiGuglielmo then left his SUV in a driving lane, retrieved a shopping cart and went inside the store, prosecutors said. Payne parked in the space while he was gone.

About 90 seconds later, DiGuglielmo returned to the parking lot, where Payne’s niece recorded part of the interaction on her cellphone, the memo said.

Witnesses told investigators DiGuglielmo threatened to damage Payne’s car. One witness said he heard DiGuglielmo say he was going to “mess her car up,” while two others reported hearing him make a more explicit threat.

DiGuglielmo got back into his SUV and drove away at a high rate of speed, prosecutors said. He parked in a designated handicap space two aisles from Payne’s vehicle and remained there for about 90 seconds.

When DiGuglielmo got out, prosecutors said he did not walk toward the Walmart entrance. Instead, he walked toward the aisle where Payne was seated in her car with the infant.

He paused beneath two trees, smoking a cigarette and watching Payne’s vehicle, according to the memo. Witnesses described him as visibly angry and shaking.

Payne got out of her car with a cellphone in one hand and a gun in the other as DiGuglielmo walked toward her. A bystander yelled that the confrontation was not worth it.

Witnesses told investigators Payne repeatedly warned DiGuglielmo not to approach her or her vehicle. One witness said Payne told him she would shoot if he kept coming toward her.

Surveillance video showed Payne backing away after a white minivan parked beside her pulled out, creating space for her to move. Prosecutors said DiGuglielmo continued advancing, and Payne backed between adjacent parked vehicles and around another car.

The state attorney’s office said DiGuglielmo followed Payne around the vehicle. At one point, he walked toward Payne’s car while holding keys and motioned as if he would damage it, according to the memo.

DiGuglielmo then turned back and again approached Payne. She fired one shot, striking him in the abdomen.

Payne placed the gun on the roof of her car and was briefly detained by Broward Sheriff’s Office deputies. She waived her Miranda rights and told investigators DiGuglielmo had threatened to scratch her car and continued advancing after she warned him to stop.

Payne’s husband, who was on the phone with her during the confrontation, told detectives he heard her warn someone to back away before he heard the gunshot. He said Payne then told him she had shot someone and asked him to call police.

DiGuglielmo was taken to Broward Health Medical Center, where he died. The medical examiner ruled his death a homicide caused by a gunshot wound.

The state attorney’s office said the surveillance video did not establish that Payne “was in the right.” But prosecutors concluded they could not prove by clear and convincing evidence that Payne did not reasonably fear imminent death or great bodily harm.

Under Florida law, a person who is not engaged in criminal activity and is in a place they have a right to be does not have a duty to retreat before using deadly force when they reasonably believe it is necessary to prevent imminent death or great bodily harm.

[ProudVirgin69]

Seems like the right decision by the prosecutors.  You gotta wonder what the guy was thinking, approaching a woman with a gun.  It’s a shame that he died, but the law is the law.

[BB]

I view it as borderline, and when it's like that, you error on the side of no charges even though it's a bit hard to swallow.

People need to learn to stop fighting over traffic and parking bs.

[ProudVirgin69]

I view it as borderline, and when it's like that, you error on the side of no charges even though it's a bit hard to swallow.

People need to learn to stop fighting over traffic and parking bs.

What’s borderline about it?

I agree with your last sentence though.

[Coach is Back!]

Seems justified based on law. Might be a case for disparity of force. If you want better prospective on how self defense laws work on a case by case basis, this is an excellent read. I've listened to the audible version several time and attended a three day lecture lead by Ayoob. Great insights

https://share.google/n2xFbUVxqrQnq332k

[BB]

What’s borderline about it?

I agree with your last sentence though.

I live in a "duty to retreat" state. It probably wouldn't pass the deadly force threshold here, but it does in Florida and a few other states.

[IroNat]

She warned him multiple times and he kept advancing on her.

[Coach is Back!]

i=rbmaAYW5YMl-CCAF

[chaos]

When do the white people riot protest?

[Royalty]

She warned him multiple times and he kept advancing on her.

Yup. The shooting was justified.

She had the gun pointing at him for 90 seconds.

He was definitely planning on doing something to her.  He had plenty of time to back off. I think that he was going to get violent over losing a parking space at Walmart 🙄

[bigmikecox]

He fucked around and found out. Now you eating breakfast with Satan

[IroNat]

Yup. The shooting was justified.

She had the gun pointing at him for 90 seconds.

He was definitely planning on doing something to her.  He had plenty of time to back off. I think that he was going to get violent over losing a parking space a Walmart 🙄

Parking at Walmart is serious business! 

 

[chaos]

Didn't realize there were so many blacks on getbig. Justifying some black broad shooting an innocent white man that just wanted to park his car and dindu nuffin!! He was a good boy, turning his life around!!!

[NaturalWonder83]

When keeping it real goes wrong.

Cart Narc may be next.

[Royalty]

Didn't realize there were so many blacks on getbig. Justifying some black broad shooting an innocent white man that just wanted to park his car and dindu nuffin!! He was a good boy, turning his life around!!!

[Irongrip400]

What a moron. If the stories of the incident are true, she had every right to shoot him. Totally avoidable, but justified nonetheless.

[IroNat]

Never back down at Walmart.

[LurkerNoMore]

I remember this story from a while back.  There was a opposing view that claimed that the initial confrontation regarding the parking spot was over, he went inside to shop, and the woman waited outside for him outside to confront him again.  Afterwards, he was shot.   I don't know if this is true or the extent. 
But regardless, someone pointing a gun at you isn't the best sign you for you to keep approaching.