Top inset: Christina McKee and Schyler McKee speaking to reporters on Friday, Aug. 22, about their son Finnegan McKee's death at a Portillo's in Oswego, Ill., on July 30, 2025 (WFLD/YouTube). Bottom inset: Finnegan McKee, on the right in blue, walking with his younger brother (The McKee family). Background: The scene of the deadly crash at the Portillo's in Oswego, Ill., that took Finnegan McKee's life (WBRC/YouTube).
Police in Illinois have determined that a 2-year-old boy who was killed in July when a car crashed through the front door of a Portillo's restaurant as his family was eating lunch was allegedly the victim of "driver error" — but no charges are warranted, according to cops.
After a nearly three-month investigation, authorities found that "the driver mistakenly pressed the accelerator instead of the brake, causing the vehicle to strike the restaurant," according to an Oswego Police press release.
"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," the release says.
Finnegan McKee, son of Christina McKee and Schyler McKee, was killed by a Michigan woman at a Portillo's in the Chicago metro area, according to police. The family is suing the popular eatery for over $100,000 and claims the restaurant's designs and parking configurations are "unreasonably dangerous" and "vulnerable to vehicle intrusions."
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Oswego Police say driver impairment was determined not to be a factor in the July 30 crash and officers observed no signs of intoxication in the driver. Toxicology results did not reveal the presence of alcohol but it did show a THC level of 1.4 ng/ml, which is below the state of Illinois' legal threshold of 5 ng/ml for driving under the influence, cops say.
"Based on both the toxicology results and officer observations, there was no evidence of impairment," the police department says. "Additionally, there was no evidence that the driver was distracted by her phone. Data confirmed she was using her phone only for navigation while traveling to the restaurant."
Authorities say they weighed charges such as reckless homicide or involuntary manslaughter, but the woman's actions "did not meet the legal requirements for those offenses" as there was no evidence of a willful or wanton disregard for the safety of others, which is a required element for charges. "Additionally, 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," Oswego police said.
"This was a careful and comprehensive investigation," said Oswego Police Chief Jason Bastin in a statement Wednesday. "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."
The chief added, "We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss."
The McKees' attorney, Louis A. Cairo, told Law&Crime in August that they were filing a lawsuit in Cook County Circuit Court to try to get justice.
"This is an absolutely devastating and heart-wrenching case," Cairo said.
"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," Cairo recalled about the day Finnegan McKee was killed. "He's got his mom and dad, his grandma and grandpa, his aunt and uncle, he's got his little brother, and next thing they know it's absolute mayhem," Cairo said. "The unthinkable happens as a car comes flying through the front door."
The driver, who has not been publicly identified, allegedly hopped a curb and crashed through the Portillo's after mistaking the gas for the brake, police say. She was in town from Canton, Michigan, at the time.
"The crash data retrieval system revealed five seconds of pre-crash information," Oswego cops say. "During this period, the brake pedal was never engaged. The vehicle was traveling approximately 5-6 mph as it entered the parking space. From -2.0 seconds to the point of impact, the accelerator pedal was increasingly applied, reaching 100% at impact. The vehicle speed increased from 5.6 mph to 14.9 mph in those final seconds. The vehicle's anti-lock braking system (ABS) showed no activity during the entire five seconds, confirming the brakes were never applied."
The McKees don't mention the woman specifically in their wrongful death lawsuit against Portillo's, only that the crash resulted from the restaurant not having a "barrier to prevent a vehicle incursion" and other safety design measures, according to their legal complaint.
"Portillo's configured the parking lot so that parking spaces were positioned immediately in front of, and perpendicular to, the restaurant entrance, requiring vehicles to park head-in or back-in rather than parallel to the building frontage," the complaint alleges. "The parking spots immediately in front of the restaurant had no physical barriers, such as parking stops, parking bumpers, fencing, bollards or walls, any one of which would prevent or, at a minimum slow a vehicle from driving from the asphalt parking lot up onto the sidewalk and into the storefront."
Speaking at a press conference on Aug. 22, Finnegan's parents talked about their son and how it felt to lose him in such a tragic way.
"You don't go out somewhere expecting to not come home with your 2-year-old," Christina McKee said, calling Finnegan "perfect" and the "smartest little 2-year-old."
"Nobody should have to go through that," she concluded.
Cairo and his law firm announced on Oct. 13 that construction was underway at the Portillo's to install safety barriers. "The project marks an important step toward preventing another tragedy," they said.
The family's lawsuit remains pending in Cook County Circuit Court. Portillo's has not responded to Law&Crime's requests for comment.