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No Charges in Oswego Portillo's Crash After Police Find Driver Error

Investigators cite pedal misapplication with no evidence of impairment in closing the case.

Overview

  • After a nearly three-month probe, police determined the July crash that killed 2-year-old Finnegan McKee was caused by the driver mistakenly pressing the accelerator.
  • Prosecutors reviewed the findings and agreed that criminal charges were not warranted.
  • Toxicology showed no alcohol and a THC level below Illinois’ legal limit, and phone data indicated the device was used only for navigation.
  • Police issued no citations, citing Illinois law that limits enforcement options for crashes occurring on private property.
  • The child’s family has a wrongful death lawsuit pending against Portillo’s, and the Oswego location installed protective bollards last month.