On a summer day that should have been filled with the joy of a father's first court-approved visit with his child, tragedy struck in Acworth, Georgia. Eduardo Gilberto Figueroa, a 31-year-old Hispanic male, arrived at a home on Mohawk Trail on August 7, 2021, for a planned two-hour visit with his child. He was a U.S. Army veteran and a student at Kennesaw State University with a passion for video game design, a loving father who had recently gained parental rights to his child. He reportedly brought a stuffed animal with him for the visit.
The home belonged to the parents of Nicholas Michael Mimms, the 37-year-old new husband of Figueroa's ex-fiancée. Mimms had been designated to supervise the visit, though he had never met Figueroa before. Neither the child nor the mother were present at the residence when the fatal encounter occurred. Around noon, Cherokee County Sheriff's deputies responded to the scene to find Figueroa lying face down on a deck, having sustained multiple gunshot wounds. He was pronounced dead at the scene.
Nicholas Mimms was present at the home and admitted to the shooting, claiming he acted in self-defense because he believed Figueroa was dangerous. However, the evidence presented during the subsequent investigation and trial painted a different picture. It was revealed that Figueroa was unarmed at the time of the shooting. In contrast, Mimms was armed and had been waiting for Figueroa's arrival while wearing a bulletproof vest.
Following the incident, Mimms was arrested and charged with felony murder and aggravated assault. His trial lasted approximately three weeks, during which 25 witnesses testified and around 200 exhibits were reviewed, including Mimms's firearm and bulletproof vest. On February 13, a jury found Nicholas Michael Mimms guilty of felony murder, aggravated assault, and possession of a firearm during the commission of a felony. He was, however, found not guilty of malice murder. A sentencing date was to be scheduled for a later time.
