Mimms bond hearing

District Attorney Shannon Wallace speaks during a bond hearing for Nicholas Mimms, who is charged with felony murder and other charges in a fatal Aug. 7 shooting near Acworth.

Before he fatally shot Eduardo Figueroa, Nicholas Mimms was “prepared for war,” wearing a bulletproof vest and carrying a handgun when he was expected to meet him, District Attorney Shannon Wallace said Friday.

But defense attorney Jimmy Berry said Mimms has “a good case for self-defense,” and that Figueroa had previously made threatening statements to the mother of his child, who is in a relationship with Mimms. Berry said the couple feared violence from Figueroa.

Testimony began Friday for Mimms’ case at a bond hearing in the Cherokee County Superior Court. Mimms, 32, of Powder Springs, is accused of fatally shooting Figueroa at a home along Mohawk Trail near Acworth in southwest Cherokee County. He is charged with felony murder, aggravated assault and aggravated battery.

At the time of the incident, Figueroa, a 31-year-old Acworth resident, had traveled to the home for a court-appointed visit for his 2-year-old son. Mimms is in a relationship with the Figueroa’s former girlfriend, the mother of the 2-year-old.

Superior Court Judge David Cannon delayed his decision on granting or denying bond to review additional evidence and statements from Figueroa’s family.

Cannon did not outline a specific date in which he would render his decision but said it would occur next week.

Mimms was arrested Aug. 14, a week after Figueroa was killed.

Wallace said evidence in the case does not show self-defense, and that Mimms is a “danger to society” and is likely to influence witnesses in arguing against Mimms being released on bond.

Berry said in 2014, Figueroa had made statements related to murder and violence to his child’s mother. Defense attorneys said Mimms should be released on bond because he has no prior criminal history, he is a father to two children and has a pregnant partner, and he does not present a flee risk as he made no attempts to flee law enforcement in the week from the incident and his arrest.

Cherokee Sheriff’s Office Investigator Andrew Hendrix testified that the child’s mother and/or Mimms had used a phone app to tell Figueroa the visit would be canceled the day before it was scheduled. Figueroa said he was going to show up anyway because, according to statements given Friday, future visits could be jeopardized if he did not attend the visit, and that Figueroa did not receive any contact after he said he would be showing up anyway.

Hendrix said Figueroa walked to the rear deck of the Acworth home, where Mimms was waiting on Aug. 7 just before noon. Two minutes later, Hendrix testified, shots were fired.

Hendrix added that Mimms was wearing a bulletproof vest at the time of the shooting and had a 9mm handgun tucked into his waistband.

An incident report from the sheriff’s office said Figueroa was found dead on the scene with several gunshot wounds to his side, chest and arm. Neighbors reported to authorities they heard three shots fired.

Mimms’ adoptive parents and one longtime friend defended Mimms’ character during testimony, and said that he had no prior criminal record and that they feared violence from Figueroa. Mimms’ adoptive mother, Jane Spaulding, said she purchased the bulletproof vest for Mimms. Spaulding and her husband, Al, had installed doorbell cameras and purchased a gun following a contentious custody battle between Figueroa and the mother of his child, Mimms’ romantic partner, because they feared Figueroa.

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(1) comment

jkojak67

What this article does not mention is that there was never any threats made or communicated by Eduardo Figueroa too anyone. The defense is trying to claim that Eduardo was some kind of psycho killer based on a text message from 2014 in which he said that he had thought about raping and killing people before, but did not do it was because he was afraid of being arrested. The police pointed out that this text was part of a larger conversation involving multiple text messages that started when Chelsea Bishop (Eduardo's ex and mother of his child Leo, and Nick's current wife) sent a text stating that she thought murder was justified under certain circumstance and that believed it was okay to kill someone if they had raped or harmed you, etc.. All of these text messages were sent prior to Eduardo and Chelsea meeting in person (they were just chatting over the internet at this point) and prior to Chelsea entering into a four year relationship with Eduardo. The text by Eduardo was used (out of context) by her during the child custody hearing, but Eduardo was interviewed and was not considered a threat to the mother or child in any way (that is why visitation was granted. That is it. That is what Chelsea and Nick have used to try and justify murdering Eduardo.

The investigators point out in the hearing that they asked Chelsea what the worse thing Eduardo ever did to her during their four year relationship, she said he shoved her the night of their final break-up. That's it. No domestic violence claims or reports, and Eduardo had no history of violence or previous arrest.

Every witness for the defense stated that Eduardo was violent and dangerous person who was going to kill Ms. Bishop, Mr. Mimms, the baby, and his entire family, but there are NO text/emails/communications of any threats at all from Eduardo to any one else involved, except for texts he sent to Chelsea stating he wanted to be in the baby's life and wishing her a happy Mother's Day that were sent shortly after Leo's birth. The DA had the defense witnesses' all verify that the believed Eduardo was dangerous because of what Nick and Chelsea told them, and that had never heard him do or say anything violent themselves.

Nicks's grandmother/adoptive mother (Jane Spalding) purchased (2) guns and a bullet proof vest two weeks before the first visitation and her and the grandfather (Al Spalding) went to the shooting range multiple times after they purchased the weapons.

The Spalding also set up Ring cameras around their property specifically due to the child custody hearing. Although Nick Mimms was familiar with the camera coverage, he waited for Eduardo to arrive (in a bullet proof vest and with a handgun concealed in his back waistband) in an area that was not covered by the cameras.

There was only two minutes between Eduardo's arrival (which was almost exactly at the noon (11:58), the scheduled time of the visitation), and the shots (4) being fired. The police confirm that Eduardo was unarmed and carrying bags of diapers, toys, and a stuffed animal for his child.

The final shot Nick fired was into Eduardo's back, after Eduardo was face down on the deck with his both hands pinned under his chest. The investigator stated that the coroner believes that Eduardo was already dead, from the three shots to the chest, at the time of the last shot in the back.

This was not a case of self defense! The Tribune needs to do some actual investigating into this murder.

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