No criminal charges in Oswego Portillo's crash that killed toddler, police say

OSWEGO - No criminal charges will be filed against the driver who crashed into a Portillo’s restaurant in Oswego in July, killing a 2-year-old boy and injuring 12 others, police announced Wednesday.

What we know:

Oswego police said their investigation determined the driver, a 50-year-old woman from Canton, Michigan, accidentally pressed the accelerator instead of the brake before her 2011 Lincoln MKZ jumped the curb and plowed through the restaurant’s glass storefront on July 30.

The Kendall County State’s Attorney’s Office reviewed the department’s findings and agreed that criminal charges were not warranted.

Investigation findings:

Investigators said the vehicle was traveling about 5 to 6 mph when it entered the parking space and reached 14.9 mph in the final seconds before the crash. Data showed no braking activity during that time.

Police ruled out impairment and distraction as factors. Toxicology results showed no alcohol and a THC level of 1.4 nanograms per milliliter — below the legal limit in Illinois, authorities said. A forensic review of the driver’s phone data confirmed it was being used only for GPS navigation.

Detectives also reviewed interviews with witnesses and injured patrons, medical and toxicology records covering 155 substances, and a full crash reconstruction, including analysis of the car’s data retrieval system.

Authorities said the driver’s actions did not meet the legal threshold for reckless homicide or involuntary manslaughter, and no citations were issued because Illinois law limits what can be filed for crashes on private property.

What they're saying:

"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," said Oswego Police Chief Jason Bastin. "We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss."

What's next:

In August, the family of the toddler filed a wrongful death lawsuit against the Portillo’s restaurant chain, alleging negligence for allowing head-in parking directly in front of its main entrance without safety barriers.

The Oswego location began installing barriers last month.

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