A Cherokee County jury has convicted a Powder Springs man over the 2021 fatal shooting of his wife’s fiancé who was killed shortly before he was scheduled to see his child for court-approved visitation.
District Attorney Susan K. Treadaway said jurors convicted 37-year-old Nicholas Michael Mimms of felony murder, aggravated assault and possession of a firearm during the commission of a felony in the death of 31-year-old Eduardo Gilberto Figueroa. He was found not guilty of malice murder.
Prosecutors said the charges stem from the fatal shooting around noon on Aug. 7, 2021, outside a home on Mohawk Trail in the Acworth area of Cherokee County.
Mimms Claimed He Acted in Self-Defense and Felt Like He was in Danger After Figueroa Threatened Him
When deputies with the Cherokee County Sheriff’s Office arrived on the scene, they found Figueroa lying face down on a deck beside the home. He had been shot multiple times and was pronounced dead at the scene.
Mimms told investigators he acted in self-defense, claiming Figueroa had threatened him and was dangerous. However, evidence presented during the three-week trial showed Figueroa was unarmed, while Mimms was wearing a bulletproof vest, armed with a firearm and waiting outside the home for Figueroa to arrive, prosecutors said.
Figueroa Had Recently Been Granted Parental Visitation Rights to Child He Shared with Mimms’ Wife
Authorities said Figueroa had recently established parental rights to the child he shared with his ex-fiancée, who had since married Mimms. Figueroa’s first court-approved parenting time was scheduled from noon to 2 p.m. the day of the shooting.
Mimms, who had never met Figueroa before, had been designated to supervise the visitation. The child and mother were not at the home when the shooting occurred. The trial began Jan. 26 and included testimony from 25 witnesses, including law enforcement officers, medical experts and other individuals connected to the case.
Jurors reviewed about 200 exhibits, including Mimms’ bulletproof vest and firearm, crime scene photographs, medical reports, surveillance video and a stuffed animal Figueroa had brought for his child. Mimms’ sentencing will be scheduled at a later date.
