Charles Kindlesparger, 3, and Brandon Kindlesparger, 2, were found in the bottom of an above-ground pool and later pronounced dead at the residence located at 2266 Pinta in Warrenton on Aug. 9, 2007. The defendants named in the wrongful death lawsuit were Timothy M. Maxey and Genesis Jones, who both live at the residence in the Andorra Estates subdivision where the incident occurred, according to court documents. The wrongful death lawsuit was filed Nov. 3, 2008, by William and Kayla Kindlesparger, the parents of Brandon, and Chandra Kruse, mother of Charles. William Kindlesparger also is Charles' father. The settlement, approved by 12th Judicial Circuit Court Judge Keith Sutherland last Thursday, June 4, orders Maxey and Jones to pay the parents $152,000 for each child. Both parties waived a jury trial. Of the combined $304,000 judgment awarded to the parents, $93,733.33 will cover attorney fees and $274.92 will pay court costs. Kayla and William Kindlesparger will each receive $53,131.27 for the death of Brandon. Chandra Kruse, the mother of Charles Kindlesparger, will receive $50,597.94. William Kindlesparger also will receive $53,131.27 for Charles' death. According to court records, Kayla Kindlesparger took both boys over to the residence that morning to be watched by Jones. The petition filed by the parents stated the defendants "carelessly and negligently" failed to supervise both children. In addition, the parents allege the defendants didn't close or lock the gate in the backyard or provide a barricade to the pool steps which would have prevented both boys from having access to the swimming pool. Maxey is in his mid-40s, while Jones is 14. It was unknown how long the boys were in the pool. The boys were discovered shortly before 1 p.m. Charles Kindlesparger was pronounced dead around 1:40 p.m., followed by Brandon five minutes later.