Deadly crash into Oswego Portillo's caused by driver error, no criminal charges filed, police say

Wednesday, November 5, 2025
OSWEGO, Ill. (WLS) -- Oswego police have released an update on their investigation into a crash into a Portillo's restaurant that killed a 2-year-old boy in July.

The crash was determined to be caused by driver error, and investigators said no criminal charges were warranted, Oswego police announced Wednesday.



Finnegan McKee, 2, was killed when a car slammed through the front doors of the restaurant over the summer. Several other people were hurt.

The driver of the vehicle is a 50-year-old who lives in Michigan, police said.



In addition to no criminal charges being filed against the driver, "no citations were issued because Illinois law limits what charges can be filed for crashes on private property, and none of those apply to this case," the update from Oswego police read.

"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 news release. "We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss."

New bollards were installed in front of the Portillo's last month. They are meant to prevent any vehicles from crashing into the restaurant.

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