A man charged with felony murder related to a shooting in Acworth on Aug. 7 has been released on a $125,000 bond, Cherokee County Superior Court documents show.
Nicholas Michael Mimms of Powder Springs was released on bond from the Cherokee County Adult Detention Center on Oct. 20, Cherokee County Sheriff’s Office spokesman Capt. Jay Baker said.
Mimms has been charged with felony murder, aggravated assault and aggravated battery in connection with the August shooting in which Eduardo Figueroa, 31, of Acworth, was killed at a home near Mohawk Trail in Acworth.
Figueroa was the ex-partner of Mimms’ wife and the father of her child. He was at the home for a child custody visit, authorities said. Mimms’ wife and the child were not at the home when the shooting occurred.
Conditions of Mimms’ bond require that he shall be on house arrest at a Powder Springs home with a GPS ankle monitor. Mimms will be permitted to leave the home during noon to 4 p.m. only if accompanied by his wife or in-laws. Mimms may not enter Cherokee County except to attend court and attorney visits with prior approval from the court and is ordered to have no contact with any victims, witnesses or co-defendants or travel within 500 feet of any witness in the case.
Mimms is scheduled for an arraignment on Dec. 16 in the Cherokee County Superior Court.
Mimms’ bond hearing started Sept. 17 in Cherokee County Superior Court, but Judge David Cannon delayed the decision to grant bond to review additional evidence.
During the Sept. 17 hearing, defense attorney Jimmy Berry argued Mimms had a “good case for self-defense” in the shooting. Berry also said Mimms and his family had feared violence from Figueroa, and Figueroa had made statements referencing violence and murder to Mimms’ wife during their previous relationship. Berry also said Mimms wasn’t a flight risk because he had made no attempts to elude law enforcement in the week after the shooting and his arrest on Aug. 14.
District Attorney Shannon Wallace opposed releasing Mimms on bond. Wallace said Mimms, wearing a bulletproof vest and carrying a 9mm handgun during his meeting with Figueroa, was “prepared for war,” is a danger to society and was likely to influence witnesses if granted bond.
Cherokee Sheriff’s Office Investigator Andrew Hendrix testified that a day before the initial meeting was scheduled to take place at the Mohawk Trail home, where Mimms’ adoptive parents live, Mimms and/or the child’s mother used a phone app to cancel the visit.
Hendrix said Figueroa responded that he was going to show up anyway, because according to statements given during testimony, Figueroa feared that future visits could be jeopardized if he did not attend the visit.
Mimms was waiting for Figueroa at the rear deck of the home just before noon on Aug. 7, Hendrix said. and shots were fired two minutes after Figueroa approached the deck.
An incident report from the sheriff’s office said Figueroa was found dead at the home with several gunshot wounds to his side, chest and arm, and Mimms told authorities he had shot Figueroa.