There will be no charges filed for a driver whose car slammed into a suburban Portillo’s, killing a 2-year-old child and injuring several others over the summer, police announced.
Oswego police revealed the results of a months-long investigation into the fatal crash that claimed the life of a toddler in July, saying the crash was the result of “driver error” and did not meet the requirements for any criminal charges or citations.
“The department’s findings were submitted to the Kendall County State’s Attorney’s Office, which reviewed the case, found the investigation to be thorough and complete, and concurred that criminal charges were not warranted against the 50-year-old driver, who resides in Michigan,” police said.
According to police, the incident unfolded on July 30 when a woman drove a car into the building, crashing through the front doors near the parking lot.
The crash killed 2-year-old Finnegan McKee and left 13 others injured, police said, all of whom were inside the restaurant at the time. Eight people, including the driver, were transported to nearby hospitals, and six others were treated at the scene. According to authorities, some of the injuries were serious.
Photos and video from the scene show a gold-colored sedan inside the restaurant past the doors of the front entrance, surrounded by shattered glass, debris and crushed tables and chairs.
According to the investigation results released Wednesday, the driver “mistakenly pressed the accelerator instead of the brake, causing the vehicle to strike the restaurant.”
Police said they reviewed forensic evidence from the driver’s phone, medical records and a full reconstruction of the crash. They found the woman’s phone was being used for navigation purposes only and five seconds of “pre-crash information” from the vehicle showed it was traveling 5 to 6 miles per hour seconds before the crash, but the accelerator pedal reached “100% at impact.” The brakes were never applied, police said.
Toxicology found no presence of alcohol and while THC levels were present, they were below the state’s legal threshold, so “there was no evidence of impairment.”
Police evaluated whether to file charges of reckless homicide or involuntary manslaughter but said the actions did not meet the legal requirements for such offenses because “there was no evidence of willful or wanton disregard for the safety of others.” No citations were issued because the crash took place on private property, which limits what can be filed for crashes.
“This was a careful and comprehensive investigation. Our detectives reviewed all available evidence, including forensic data, witness statements, medical records, and vehicle analysis. We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal,” Oswego Police Chief Jason Bastin said in a statement. “We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss.”
The announcement comes after the parents of Finnegan McKee called for changes at restaurants nationwide to prevent what happened to their son from happening again.
Skylar and Christina McKee want to see legislation mandating protective bollards in front of all restaurants and public buildings, with the couple and several others injured in the crash filed a lawsuit against Portillo’s.
“Nothing is going to bring our little acorn back,” Skylar McKee said. “This incident was preventable and foreseeable.”
Village President Ryan Kauffman issued a statement following the crash, saying the village was reviewing its safety ordinances and protocols “to identify what more can be done to help prevent such tragedies in the future.”
“Oswego has required bollards for all commercial outdoor dining areas for decades, but we know that we must continue to evaluate and strengthen protections in public spaces,” the statement added. “We are also looking into how other communities have responded to similar incidents, and we are actively exploring additional safety measures. Nothing is off the table when it comes to protecting lives.”
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