No Charges Filed After Driver Mistakenly Hits Accelerator, Killing 2-Year-Old Boy at Illinois Portillo’s, Police Say

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.”

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