The Florida woman who fatally shot a 62-year-old army veteran during an argument over a Walmart parking spot will not face charges.
Videos by Wide Open Country
The Broward County Sheriff's Office announced that the woman, identified as Melissa Payne, acted in self-defense. Additionally, she is immune from charges under Florida's stand your ground law.
Bart Diguglielmo, a retired staff sergeant, allegedly hurled racial slurs at Payne and threatened to "f*** her sh*t up" during the verbal altercation on June 30.
Florida Woman Fatally Shoots Army Vet at Walmart
Video shared on social media captured the alleged confrontation. The video shows a woman wearing a white shirt stepping out of her car with a gun in her hand and beginning to talk back to a man - believed to be Diguglielmo - wearing a gray shirt, who had approached her.
Diguglielmo can be seen following Payne around another vehicle and threatening Payne. Moments later, a single gunshot rings out, and the former vet collapses to the floor.
In a statement at the scene, Payne told police that despite her warnings, Diguglielmo taunted her, saying "What are you going to do?" and "Do it, do it! Shoot!"
Diguglielmo was transported to Broward Health Medical Center. He later succumbed to his injuries.
A post-mortem later found that Diguglielmo had amphetamines, Delta 9 THC -- the psychoactive compound in cannabis -- and the SSRI antidepressant drug Sertraline in his blood.
Melissa Payne Immune From Charges Under Florida Law
Assistant State Attorney Stephen Zaccor filed a closeout memorandum outlining the state's decision not to file charges against Payne, concluding that she acted in self-defense.
"Florida is a Stand Your Ground State," Zaccor wrote. "MP (Melissa Payne) did not have to wait to be attacked before resorting to deadly force.
"She did not have to retreat as long as her fear was reasonable. No evidence has been presented to disprove that."
Florida's "Stand Your Ground Law" went into effect in 2005. Initially, the legislation was considered controversial, with some believing it treaded too closely to legalized killings.
Others viewed the law as an expansion of one's right to use deadly force when they feel threatened.
Texas adopted the same law two years later in 2007.
