Georgia Stepfather Sentenced to Life for Killing Child’s Father During First Custody Visit
CHEROKEE COUNTY, Ga. — A Powder Springs man has been sentenced to life in prison with the possibility of parole for the fatal shooting of his stepchild’s father during what was supposed to be the child’s first court-approved visitation.
Chief Superior Court Judge David L. Cannon Jr. sentenced 37-year-old Nicholas Michael Mimms on April 15, 2026, to life in prison plus an additional five years. He was also ordered to have no contact with the victim’s family.
Mimms was convicted by a jury on February 13 of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in the death of 31-year-old Eduardo Gilberto Figueroa. He was found not guilty of malice murder.
The shooting occurred around noon on August 7, 2021, outside a home on Mohawk Trail in the Acworth area of Cherokee County.
According to prosecutors, Figueroa had recently established parental rights to his young son and was scheduled to meet him for the first time during a supervised visitation. Authorities said Mimms, who had married the child’s mother, was designated to supervise the visit.
Figueroa arrived shortly before noon carrying items for the child, including snacks, diapers, toys, and a stuffed animal.
Evidence presented at trial showed Mimms was outside the home wearing a bulletproof vest and armed with a firearm. Neither the child nor the child’s mother was present at the residence.
“These were two men, with very different plans about how this day should go,” Assistant District Attorney Megan S. Hertel told the court. “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.”
Investigators said Figueroa was unarmed and had begun to leave after being told the child was not there when Mimms called him back to continue the conversation. Moments later, Mimms opened fire, striking Figueroa four times in the side, back, and arm.
A surveillance camera captured audio of the gunshots and video of Mimms’ actions immediately afterward. The entire encounter lasted less than two minutes.
When Cherokee County Sheriff’s deputies arrived, they found Figueroa lying face down on the deck. He was pronounced dead at the scene.
Mimms told deputies he acted in self-defense, claiming Figueroa had threatened him and was dangerous. The jury rejected that claim.
During the sentencing hearing, family members described the lasting impact of Figueroa’s death, including the loss of a father who had been eager to be part of his child’s life.
“The heartbreak this family has endured is unimaginable,” District Attorney Susan K. Treadaway said. “On a day that should have been filled with smiles and laughter, a young father was senselessly gunned down. This sentence ensures the defendant is held accountable for taking a father from his child and forever altering the lives of those left behind.”
The case was investigated by the Cherokee County Sheriff’s Office and prosecuted by Assistant District Attorney Megan S. Hertel, with assistance from Deputy Chief Assistant District Attorney Geoffrey Fogus.
