OSWEGO, ILLINOIS — Authorities have concluded that a July car crash that killed 2-year-old Finnegan McKee at a Portillo’s restaurant in Oswego was the result of driver error. After a three-month investigation, police and prosecutors determined that the 50-year-old driver from Canton, Michigan, accidentally pressed the accelerator instead of the brake.
The Oswego Police Department and the Kendall County State’s Attorney’s Office jointly ruled that the evidence did not meet the legal threshold for reckless homicide or involuntary manslaughter. As a result, no criminal charges will be filed.
The crash occurred on July 30, 2025, at approximately 1:55 p.m. at the Portillo’s located on U.S. Route 34 near Douglas Road. Investigators said the driver’s car jumped the curb and plowed through the front entrance, striking the McKee family as they were eating lunch inside the restaurant.
Investigation Finds No Criminal Intent
Oswego Police Chief Jason Bastin said a comprehensive review, which included crash-data retrieval and vehicle forensics, confirmed that the incident was an accident rather than a criminal act.
Data from the car’s systems showed that the brake pedal was never engaged. Instead, the accelerator was gradually pressed for two seconds before impact, increasing the vehicle’s speed from 5.6 mph to 14.9 mph.
Toxicology testing found only a trace amount of THC in the driver’s system (1.4 ng/ml), far below Illinois’s legal limit of 5 ng/ml for impaired driving. Investigators also confirmed the driver was using her phone solely for navigation and was not distracted.
Authorities concluded that while the crash resulted from negligence, it lacked the willful or wanton disregard necessary to establish criminal liability.
Family Files Lawsuit Over Restaurant Design
Although prosecutors declined to file charges, Finnegan McKee’s parents have filed a wrongful-death lawsuit against Portillo’s, seeking damages exceeding $50,000. The complaint, filed in Kendall County Circuit Court, alleges that the restaurant’s parking design was unsafe and contributed to the fatal crash.
According to the lawsuit, perpendicular parking spaces were positioned directly in front of the restaurant’s main entrance without protective barriers such as bollards or concrete stops. Following the tragedy, construction was undertaken at the site to install new safety measures.
Christina McKee, Finnegan’s mother, described the family’s heartbreak shortly after the crash. “You don’t go out somewhere expecting not to come home with your 2-year-old,” she said.
The civil case remains pending.
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