Broward County State Attorney’s Office said Payne is immune from prosecution under Florida’s “stand your ground” law because the state could not disprove her claim that she reasonably feared serious harm. The June 30 confrontation was captured on several videos, including cellphone and Tesla footage, according to ABC News.
Payne and DiGuglielmo became involved in a dispute over a parking space. DiGuglielmo later returned and approached Payne, who was with her niece and her niece’s baby.
Witnesses told investigators that he threatened to damage Payne’s vehicle. Payne warned him not to come closer while holding a phone in one hand and a firearm in the other.
“If you keep coming up to me, I’m going to … shoot you!” a witness recalled Payne saying.
Video showed DiGuglielmo continuing to approach as Payne backed away. She fired one shot, striking him in the abdomen. He later died at a hospital.
After the shooting, Payne told her husband, “Bae, I shot. Call the cops,” according to ABC News.
She was briefly detained, and prosecutors said her account of what happened was consistent with the video evidence.
The prosecutor’s office said the video did not establish that Payne “was in the right.” However, prosecutors could not prove by clear and convincing evidence that her fear of death or great bodily harm was unreasonable.
Under Florida’s stand-your-ground law, Payne did not have to wait until she was attacked or retreat if her fear was reasonable.
DiGuglielmo’s family disputes the decision. His daughter’s attorney told NBC Miami that threats to property did not justify deadly force.
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