Illinois Police Say No Charges for Driver Who Killed 2-Year-Old at Portillo’s After Mistakenly Hitting Gas Instead of Brake
OSWEGO, ILLINOIS — Police have ruled that the fatal crash that killed 2-year-old Finnegan McKee at a Portillo’s restaurant in Oswego was the result of driver error, determining that the woman responsible will not face criminal charges despite public outrage over the heartbreaking loss.
The Oswego Police Department said after a three-month investigation that the 50-year-old Michigan woman behind the wheel “mistakenly pressed the accelerator instead of the brake,” causing her vehicle to surge forward through the restaurant’s glass entrance and into the dining area where the McKee family was having lunch.
Investigation Rules Out Impairment
Authorities said the investigation was exhaustive, involving forensic data, witness interviews, and vehicle diagnostics.
“We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal,” said Oswego Police Chief Jason Bastin.
Toxicology reports found no alcohol in the woman’s system and a minimal THC level of 1.4 ng/ml, well below Illinois’ legal limit of 5 ng/ml for driving under the influence. Police also confirmed the driver was not distracted by her phone, using it only for navigation.
The vehicle’s crash data recorder revealed that the brake was never pressed during the five seconds leading up to impact. Instead, the accelerator was fully engaged, sending the vehicle from 5 mph to nearly 15 mph before striking the restaurant.
‘Absolute Mayhem’: The Family’s Tragic Loss
The July 30 crash occurred as Finnegan and his family — including his parents, grandparents, and little brother — were eating lunch near the entrance.
“They’re having a great time at 2 o’clock in the afternoon,” the family’s attorney, Louis A. Cairo, told reporters. “The next thing they know, it’s absolute mayhem. A car comes flying through the front door.”
Finnegan was killed instantly. His parents, Christina and Schyler McKee, say their lives were shattered.
“You don’t go out somewhere expecting to not come home with your 2-year-old,” Christina said through tears. “He was perfect — the smartest little boy. Nobody should have to go through this.”
Lawsuit Targets Restaurant Design
Though prosecutors decided not to charge the driver, the McKee family has filed a wrongful death lawsuit against Portillo’s, alleging that the restaurant’s parking lot design was “unreasonably dangerous.”
The suit claims the restaurant failed to install protective barriers or bollards to prevent vehicles from crashing into the building, despite having head-in parking spots directly in front of the entrance.
“Portillo’s configured the parking lot in a way that made it vulnerable to vehicle intrusion,” the lawsuit states. “No barriers or safety features were in place to slow or stop a vehicle before impact.”
Since the crash, construction has begun to install safety barriers at the Oswego location — a move Cairo’s firm called “an important step toward preventing another tragedy.”
Police and Prosecutors Stand by Decision
Police said they considered possible charges such as reckless homicide and involuntary manslaughter, but the evidence did not meet the legal standard for “willful or wanton disregard for safety.”
Illinois law also restricts charges for crashes that occur on private property, further limiting prosecutors’ options.
“This was a careful and comprehensive investigation,” Chief Bastin said. “Our hearts go out to the McKee family and all affected by this unimaginable tragedy.”
A Community Still Mourning
Finnegan’s death has left a lasting impact across the Chicago suburbs, where memorials and fundraisers have poured in. The family continues to push for restaurant safety reforms and justice through civil court.
“He was a light in our lives,” said Finnegan’s father, Schyler. “We just don’t want another family to live this nightmare.”
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