Oswego, IL – Police in Illinois have determined that a 2-year-old boy killed when a car crashed into a Portillo’s restaurant in July was the victim of “driver error,” concluding that the 50-year-old woman behind the wheel will not face criminal charges. The incident, described as “absolute mayhem” by witnesses, occurred as the child was eating lunch with his family.
The Incident: Car Crashes Into Restaurant Killing Toddler
The crash happened on July 30, 2025, at a Portillo’s restaurant in Oswego, a suburb of the Chicago metro area. According to the Oswego Police Department, the driver mistakenly pressed the accelerator instead of the brake, causing her vehicle to jump a curb and crash through the restaurant’s front door.
The impact struck 2-year-old Finnegan McKee, who was dining with his parents, Christina and Schyler McKee, along with other family members. Finnegan was killed instantly in what police called a tragic accident.
“They’re sitting at one of the tables closest to the entrance, they’re having a great time at 2 o’clock in the afternoon,” said family attorney Louis A. Cairo. “The unthinkable happens as a car comes flying through the front door. It’s absolute mayhem.”
Investigation Findings: A Tragic Case of Driver Error
Following a three-month investigation, the Oswego Police Department concluded that the crash resulted from an unintentional error by the driver. A press release stated that investigators found “no evidence of impairment or distraction.”
Toxicology results revealed a THC level of 1.4 ng/ml in the driver’s system, well below Illinois’ legal threshold of 5 ng/ml for impairment. Police said she appeared sober and coherent at the scene.
“Based on both the toxicology results and officer observations, there was no evidence of impairment,” police said. “Additionally, there was no evidence the driver was distracted by her phone. Data confirmed she was using her phone only for navigation while traveling to the restaurant.”
Crash data later revealed that the vehicle’s brake pedal was never engaged during the five seconds before impact. The accelerator was pressed to 100% as the car sped from 5.6 mph to 14.9 mph, confirming that the driver had mistakenly accelerated instead of braking.
“The vehicle’s anti-lock braking system showed no activity during the entire five seconds,” police reported. “This confirms the brakes were never applied.”
Legal Review: No Criminal Charges Filed
The Kendall County State’s Attorney’s Office reviewed the findings and agreed that the evidence did not meet the criteria for criminal charges such as reckless homicide or involuntary manslaughter.
“There was no evidence of a willful or wanton disregard for the safety of others, which is required for those offenses,” Oswego Police Chief Jason Bastin said in a statement.
Additionally, Illinois law limits citations that can be issued for accidents on private property, meaning no traffic citations were applicable in this case.
“We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal,” Chief Bastin added. “Our detectives reviewed all available evidence, including forensic data, witness statements, medical records, and vehicle analysis.”
Family’s Reaction and Wrongful Death Lawsuit
The McKee family, devastated by the loss of their son, has filed a wrongful death lawsuit against Portillo’s, seeking over $100,000 in damages. The lawsuit argues that the restaurant’s parking lot design made it “unreasonably dangerous” and failed to protect diners from vehicle intrusions.
According to court documents, Portillo’s lacked barriers such as bollards, fencing, or parking stops that could have prevented a car from plowing through the entrance.
“Portillo’s configured the parking lot so that parking spaces were positioned immediately in front of the restaurant entrance,” the lawsuit states. “There were no physical barriers that could have prevented or slowed a vehicle from driving into the storefront.”
During an emotional press conference in August, Christina McKee described the devastating loss of her son.
“You don’t go out somewhere expecting to not come home with your 2-year-old,” she said, calling Finnegan “perfect” and “the smartest little boy.”
“Nobody should have to go through that.”
Background: Restaurant Takes Safety Action After Tragedy
Following the tragedy, Portillo’s began construction of new safety barriers outside the Oswego location. The McKee family’s attorney, Louis Cairo, said the change marked “an important step toward preventing another tragedy.”
The restaurant chain has not commented publicly on the lawsuit, which remains pending in Cook County Circuit Court.
Ongoing Developments and Next Steps
While no charges will be filed against the driver, the wrongful death lawsuit will move forward. The McKee family hopes the case will raise awareness about storefront crash safety and lead to design improvements across similar establishments nationwide.
Police and prosecutors have reiterated that although the driver was at fault, the incident was not criminal under Illinois law.
“We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss,” Chief Bastin said.
Conclusion
The death of 2-year-old Finnegan McKee has left a community grieving and raised critical questions about parking lot safety and accident prevention. Though investigators determined the crash was an accident, the family’s pursuit of civil justice aims to ensure that no other child loses their life in such a preventable tragedy.
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