No disclosure in case of what led to drowning. Criminal trial awaits one operator; charges dropped against another.

Jurors awarded Abiola Bankolemoh's parents $9.85 million, but they still don't know exactly how their toddler came to drown while in the care of an unlicensed Gwinnett County day care.

"That's one of the most frustrating things; the parents still don't know really what happened that day," said Jeff Harris, who with attorney R. Alan Cleveland represented Kemi Green and Gbolohan Bankolemoh against day care owners Tanya and Shawn Moon. Tanya's father in-law, Terry Moon, was also named in the lawsuit as he owned the property in Buford.

Two-year-old Abiola drowned in an unattended pool on March 19, 2009.

The Moons did not return calls seeking comment Monday. Harris said Tanya Moon avoided answering questions about what happened by invoking her Fifth Amendment right against self-incrimination during the four-day civil trial.

Abiola's tragic demise is another example of numerous disturbing occurrences The Atlanta Journal-Constitution found in examining nearly 500 major incidents at Georgia childcare programs over the past five years. During that time, 239 children were hurt and eight died.

Harris said the Moons claimed they were state-licensed and showed his clients paperwork to back it up. However, the state Department of Early Care and Learning has no record of Tanya Moon as a licensed provider, according to its spokeswoman Stacey Moore.

She was operating an unlicensed facility, violating a state law that requires day cares to register with the state when caring for more than two children who are not their own.

Tanya Moon's role in the tragedy is still unclear, Harris said, adding "she's the only one who knows exactly what happened that day." Shawn Moon was not at home.

Abiola and his older brother had attended the day care for about a year before his death.

Harris believes Tanya Moon may have been asleep when Abiola wandered outside. She worked a night shift at Walmart before coming home to operate her day care, he said.

Abiola's brother, 3 at the time of the drowning, testified during discovery that he saw his brother fall into the pool and tried to wake Tanya Moon, Harris said.

The pool was not in compliance with code and had several unattended entrances, Harris said.

Rand Csehy, the Moons' defense attorney, said his client had gone to the restroom and while preoccupied, another child opened the door, allowing the little boy to venture out.

"I think the initial rush to judgment was a bit extreme," Csehy said. "It's tragic, but it turned from an accident into just heaping charges upon charges and hauling them into jail."

Tanya Moon was initially charged with misdemeanor reckless conduct and second-degree cruelty to children, which could have resulted in a maximum prison sentence of 11 years. However, a grand jury indicted her on a misdemeanor, contributing to the delinquency of a minor, which carries a maximum fine of $1,000 or a maximum sentence of 12 months, or both. Charges against Shawn Moon were dropped.

Harris expects his clients will collect the full amount of the settlement, which a Gwinnett County State Court jury awarded late Thursday, from Terry Moon's property insurance company.

Staff writer Tim Eberly contributed to this report.