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.