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Man sentenced for killing stepchild's father in Acworth

By FOX 5 Atlanta Digital Team
Published  April 16, 2026 9:19pm EDT
Acworth
FOX 5 Atlanta

The Brief

    • A Powder Springs man was sentenced to life in prison Wednesday for the 2021 fatal shooting of his stepchild's father.
    • Investigators said the victim was shot four times while arriving for his first court-ordered visit with his son.
    • The shooter claimed self-defense, but evidence showed the victim was unarmed and walking away when the shooting began.

CHEROKEE COUNTY, Ga. - A Powder Springs man will spend the rest of his life in prison for murdering a father who had just arrived to meet his son for the very first time.

Sentencing in Cherokee County murder

What we know:

A judge sentenced Nicholas Michael Mimms, 37, to life with the possibility of parole plus five years on Wednesday. 

Nicholas Michael Mimms (Cherokee County Sheriff's Office)

A jury previously found Mimms guilty of felony murder, aggravated assault, and having a gun during a crime for the 2021 killing of 31-year-old Eduardo Gilberto Figueroa. 

Mimms was ordered to have no contact with the victim's family.

Fatal shooting at Acworth home

Timeline:

The shooting happened around noon on Aug. 7, 2021, outside a home on Mohawk Trail. 

Figueroa had recently won parental rights and was scheduled for his first visit with his son from 12 to 2 p.m. 

When he arrived with snacks, diapers, and toys, Mimms was waiting on the deck wearing a bulletproof vest and holding a gun. 

Investigators said the child and the child’s mother were not even at the house.

Armed confrontation and evidence

The backstory:

Prosecutors said Figueroa was unarmed and started to walk away after being told his son wasn't there. 

Mimms called him back to talk before shooting him four times in the side, back, and arm. 

Eduardo Gilberto Figueroa (The Office of the District Attorney for the Blue Ridge Judicial Circuit)

While Mimms told deputies he acted in self-defense because Figueroa was "dangerous," surveillance audio and video captured the entire interaction, which lasted less than two minutes.

Impact on the victim's family

What they're saying:

"Eduardo Figueroa arrived with love, excitement, and gifts for the son he was going to meet for the very first time," said Assistant District Attorney Megan S. Hertel. "The defendant brought a bulletproof vest and a loaded gun." District Attorney Susan K. Treadaway added that the sentence ensures Mimms is held accountable for "senselessly" taking a father from his child.

The Source: The information in this story was gathered from the Blue Ridge Judicial Circuit District Attorney’s Office, which provided details on the sentencing, trial evidence, and statements from prosecutors.

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