The case moved from a 2021 shooting to a 2026 trial and a life sentence with parole possible.
CANTON, Ga. — Nearly five years after a father was killed at a planned parenting visit, a Cherokee County judge sentenced Nicholas Michael Mimms to life in prison with parole possible.
The April 15 sentence marked the last major trial-court milestone in the prosecution of Mimms, 37, of Powder Springs, for the death of Eduardo Gilberto Figueroa, 31. Chief Superior Court Judge David L. Cannon Jr. added five years to serve and ordered Mimms to have no contact with Figueroa’s family. The case had moved slowly from an August 2021 shooting outside an Acworth-area home to a January 2026 trial, a February verdict and the final sentencing hearing in April. Prosecutors said the yearslong record showed an unarmed father killed before his first court-approved parenting time could begin.
The timeline began before the shooting with a family court development. Figueroa had recently established parental rights to the son he shared with his former fiancée, who later married Mimms. His first court-approved parenting time was scheduled for Aug. 7, 2021, from noon to 2 p.m. Mimms, the child’s stepfather, was designated as the supervisor. Prosecutors said Mimms and Figueroa had never met before that day. The meeting place was a home on Mohawk Trail in the Acworth area of Cherokee County, not far from the Cobb County line and within the Blue Ridge Judicial Circuit’s prosecution district.
Just before noon, Figueroa came to the property with items for the child: snacks, diapers, toys and a stuffed animal. The child and the child’s mother were not there. Mimms was outside on the deck wearing a bulletproof vest and armed with a firearm, according to the district attorney’s office. After Figueroa learned the child was absent, he began to leave. Prosecutors said Mimms called him back to talk. A surveillance camera captured audio of the gunshots and video of Mimms immediately after the shooting. Figueroa was struck four times in the side, back and arm, and the entire interaction lasted under two minutes.
Cherokee Sheriff’s Office deputies responded at about noon and found Figueroa lying face down on the deck, dead from multiple gunshot wounds. Mimms told law enforcement that he acted in self-defense, saying Figueroa had threatened him and was dangerous. Prosecutors later said evidence showed Figueroa was unarmed and did not pose a threat. The investigation continued under the Cherokee Sheriff’s Office, and the case was brought by the Office of the District Attorney for the Blue Ridge Judicial Circuit. Assistant District Attorney Megan S. Hertel became the lead prosecutor, with Deputy Chief Assistant District Attorney Geoffrey Fogus assisting.
The trial opened Jan. 26, 2026, and lasted about three weeks. Jurors heard from 25 witnesses, including law enforcement officers, medical experts, lay witnesses and people familiar with the events before the shooting. The state and defense introduced about 200 exhibits. The evidence included Mimms’ bulletproof vest and firearm, the stuffed animal Figueroa had brought, crime scene photographs, medical reports and surveillance recordings. The exhibits helped jurors reconstruct a short encounter that had unfolded years earlier. They also helped frame the competing claims: the prosecution’s claim that Mimms was waiting armed outside the home, and Mimms’ claim that he had acted in self-defense.
On Feb. 13, after about eight hours of deliberations, the jury returned a mixed but serious verdict. Jurors convicted Mimms of felony murder, aggravated assault and possession of a firearm during the commission of a felony. They found him not guilty of malice murder. The felony murder conviction meant the jury found Figueroa died during the commission of another felony, while the acquittal on malice murder meant jurors did not convict under that separate legal theory. The verdict shifted the case from proof to punishment, leaving the court to decide the sentence after hearing from the state, the defense and Figueroa’s family.
At the sentencing hearing, Figueroa’s relatives described the lasting damage caused by his death. They spoke about his excitement to meet his son and his wish to be present in the child’s life. District Attorney Susan K. Treadaway said a day that should have brought smiles and laughter ended with a young father killed. “This sentence ensures the defendant is held accountable for taking a father from his child and forever altering the lives of those left behind,” Treadaway said. Hertel also pointed to the contrast between the supplies Figueroa carried and the protective gear and weapon Mimms brought to the meeting.
Figueroa’s family history, recorded in his obituary, added detail to the name at the center of the case. He was born June 17, 1990, and died Aug. 7, 2021. His family said he left behind his son, Leo; his parents, Elizabeth Arroyo and Eduardo Figueroa Sr.; and siblings Elizabeth, EJ and Camila. He was a U.S. Army veteran and was studying at Kennesaw State University in the Computer Science and Engineering Department. He was pursuing a Bachelor of Science in Game Design and Development and had worked as a tutor. His sister wrote that he hoped to graduate, start a video game design company and build a life around his son.
The sentence imposed by Cannon was life with the possibility of parole plus five years to serve. The parole language means the sentence is not life without parole, but it does not make release automatic. The additional five-year term reflects the firearm conviction. The no-contact order bars Mimms from contacting Figueroa’s family members. Prosecutors publicly described the sentencing as accountability for the killing, while the court record showed that the central facts had been tested by a jury before punishment was imposed. No future hearing date was listed in the sentencing announcement.
The case now sits at the post-sentencing stage. The public record shows a completed jury trial, a felony murder conviction, an acquittal on malice murder and a life sentence with parole possible. Any next step would depend on whether Mimms pursues an appeal or other post-conviction relief.
Author note: Last updated May 9, 2026.