Left: Nicholas Michael Mimms (Cherokee County Sheriff's Office). Right: Eduardo "Eddie" Gilberto Figueroa (Scott Huskins Funeral Home).
A 37-year-old Georgia man is headed to prison for decades after he shot his wife's ex-fiance to death while preparing to supervise a child visitation session.
Nicholas Michael Mimms was sentenced to life in prison for the shooting death of 31-year-old Eduardo "Eddie" Gilberto Figueroa, the Cherokee County District Attorney's Office said. In February, a jury convicted Mimms of felony murder, aggravated assault, and possession of a firearm. Jurors acquitted him of malice murder.
Prosecutors said Mimms' wife and Figueroa shared a child and the victim had recently established parental rights. Mimms, who did not know Figueroa, was supervising the victim's first court-approved parental time.
Figueroa brought along a stuffed animal to give to his child, along with diapers and snacks — Mimms wore body armor and had a gun. Assistant District Attorney Megan S. Hertel, who prosecuted the case, noted the dichotomy in a statement.
"These were two men with very different plans about how this day should go," she said. "Eduardo Figueroa arrived with love, excitement,
and gifts for the son he was going to meet for the very first time. The defendant brought a bulletproof vest and a loaded gun. This was a tragedy, and it should never have happened."
Figueroa's family members spoke about the excitement he had for meeting his son for the first time.
"The heartbreak this family has endured is unimaginable. On a day that should have been filled with smiles and laughter, a young father was senselessly gunned down," said District Attorney Susan K. Treadaway. "This sentence ensures the defendant is held accountable for taking a father from his child and forever altering the lives of those left behind."
As Law&Crime previously reported, cops responded around noon on Aug. 7, 2021, to the home on Mohawk Trail in the Acworth area of Cherokee County. When they arrived, they found Figueroa dead outside the home on a deck with multiple gunshot wounds.
Mimms claimed self-defense, saying Figueroa was "dangerous" and had "threatened him," prosecutors say. But Figueroa did not have a gun and posed no threat to Mimms, prosecutors said. The convicted murderer was "waiting outside of the home for Figueroa to arrive," per prosecutors.
The child and mother were not present. Once Figueroa saw the child was not there, he began to walk away, but the defendant "called him back to talk." That's when Mimms shot Figueroa four times in the side, back and arm.
Jurors convicted Mimms after about eight hours of deliberation following the three-week trial.
According to his obituary, Figueroa was a U.S. Army veteran and was attending Kennesaw State University, where he was a student in the Computer Science and Engineering Department with hopes of becoming a video game developer.
"I felt fortunate to be the mother of such a kind, beautiful human being and amazing father," his mother wrote. "His laughter was contagious, and he was funny, smart, and a great friend. I will miss everything about him — our calls, the I love you's, and everything in between."
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