Oswego, IL – Police in Oswego have concluded their investigation into the July 30 vehicle-into-building crash that killed a 2-year-old boy and injured several patrons at Portillo’s Restaurant. Officials say the collision was caused by driver error, not criminal intent.
According to the Oswego Police Department, the 50-year-old Michigan driver mistakenly pressed the accelerator instead of the brake as she entered a parking space at the Route 34 restaurant. The car struck the building’s front entrance at approximately 14.9 mph.
Police Chief Jason Bastin said a full review of witness interviews, crash reconstruction data, toxicology results, and phone forensics found no signs of impairment or distraction. “This was a careful and comprehensive investigation,” Bastin said. “We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal.”
Investigators confirmed the driver’s brake pedal was never engaged during the five seconds leading to impact, while the accelerator was pressed to 100%. Toxicology tests screened for 155 substances, showing a minimal THC level of 1.4 ng/ml—well below Illinois’ legal limit of 5 ng/ml.
The Kendall County State’s Attorney’s Office reviewed the findings and agreed that no criminal charges, including reckless homicide or involuntary manslaughter, were warranted. Police said state law also restricts citations on private property in such cases.
The department plans to release a video summary of the investigation on its official Facebook page in the coming days.
This article was produced by a journalist and may include AI-assisted input. All content is reviewed for accuracy and fairness.
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