The trial centered on whether Nicholas Mimms faced danger when he shot Eduardo Figueroa during a planned child visit.
CANTON, Ga. — A self-defense claim failed to spare a Powder Springs man from a life sentence after prosecutors said evidence showed he shot an unarmed father outside a Cherokee County home.
Nicholas Michael Mimms, 37, was sentenced April 15 to life in prison with the possibility of parole, plus five years to serve, for the Aug. 7, 2021, killing of Eduardo Gilberto Figueroa. The sentence followed a February verdict in which jurors convicted Mimms of felony murder, aggravated assault and possession of a firearm during the commission of a felony. Jurors acquitted him of malice murder, but the remaining convictions carried severe punishment after the state argued that Mimms’ account of fear was contradicted by the scene, the video evidence and the physical items brought by both men.
When Cherokee Sheriff’s Office deputies arrived at the home on Mohawk Trail in the Acworth area, Mimms said he had acted in self-defense. He claimed Figueroa had threatened him and was dangerous, according to prosecutors. The state’s case took jurors in a different direction. Prosecutors said Figueroa was unarmed, had just learned the child he came to see was not at the house and had started to walk away. Mimms then called him back to talk, the district attorney’s office said. The interaction was over in less than two minutes, and Figueroa was struck four times in the side, back and arm.
The dispute over fear and threat was tested across a three-week trial that began Jan. 26. Jurors heard testimony from 25 witnesses, including deputies, medical experts, lay witnesses and people with knowledge of the events leading up to the shooting. Both sides introduced about 200 exhibits. The state’s evidence included Mimms’ firearm and bulletproof vest, crime scene photographs, medical reports and surveillance video and audio. Jurors also saw the stuffed animal Figueroa had brought for the child. Prosecutors said the recordings captured the sound of the shots and showed Mimms’ demeanor after the shooting. The evidence, they argued, did not support the idea that Figueroa presented a deadly threat.
The visit had been arranged because Figueroa had recently established parental rights to his son, whom he shared with a former fiancée. That woman later married Mimms. The court-approved parenting time was set for noon to 2 p.m. on the day of the shooting, and Mimms was designated to supervise it even though he and Figueroa had never met. Figueroa arrived just before noon with snacks, diapers, toys and a stuffed animal. The child and the child’s mother were not at the house. Mimms was outside on the deck, wearing a bulletproof vest and carrying a firearm, prosecutors said.
Assistant District Attorney Megan S. Hertel told the public after sentencing that the case showed two men arriving with opposite preparations. “Eduardo Figueroa arrived with love, excitement, and gifts for the son he was going to meet for the very first time,” Hertel said. “The defendant brought a bulletproof vest and a loaded gun.” That line reflected the state’s broader argument that Mimms was not surprised by a sudden threat but was waiting outside ready for a violent confrontation. The defense position, as summarized in public case statements, was that Mimms believed Figueroa posed a danger. The jury deliberated for about eight hours before accepting the state’s view on the felony counts.
The distinction between the verdicts matters. Jurors found Mimms not guilty of malice murder, which meant they did not convict him under that theory of intentional killing. They did find him guilty of felony murder, which in Georgia can apply when a death occurs during the commission of a qualifying felony. In this case, the state tied that charge to aggravated assault. The firearm conviction added a separate penalty. Chief Superior Court Judge David L. Cannon Jr. imposed life with the possibility of parole and added five years to serve. He also ordered Mimms to have no contact with Figueroa’s family members.
At sentencing, the focus widened beyond the legal elements. Figueroa’s relatives described the loss and the lasting effect of his death. They spoke about his excitement to meet his son and his desire to be part of the child’s life. District Attorney Susan K. Treadaway said the family’s heartbreak was “unimaginable” and said the sentence held Mimms accountable for taking a father from his child. The statements placed the trial evidence in the frame of what the Aug. 7 visit was supposed to be: a first parenting time, backed by a court order, after Figueroa had taken steps to establish his rights.
Figueroa’s obituary described a broader life interrupted. It said he was a U.S. Army veteran, a graduate of Ridgeview High School in South Carolina and a student at Kennesaw State University in the Computer Science and Engineering Department. He was pursuing game design and development and had hoped to become a video game developer. His family wrote that he worked as a tutor, loved video game design and had a loyal circle of people close to him. His mother wrote that his laugh was contagious. His sister wrote that he wanted to start a video game design company and build a life around his son.
The prosecution was handled by Hertel with assistance from Deputy Chief Assistant District Attorney Geoffrey Fogus. The Cherokee Sheriff’s Office investigated the shooting. The case record described a short confrontation, but the proceedings stretched across years: the 2021 shooting, the 2026 trial, the Feb. 13 verdict and the April 15 sentence. The passage of time did not change the central question put before jurors. They had to decide whether Mimms used force to protect himself or whether he committed an aggravated assault that caused Figueroa’s death. Their verdict resolved that question against him.
Mimms remains sentenced to life with the possibility of parole plus five years, with a no-contact order protecting Figueroa’s family. The next public step, if any, would come through appeal filings or other court records after sentencing.
Author note: Last updated May 9, 2026.