In the small town of Oswego, Illinois, an investigation into a tragic crash at a Portillo’s restaurant has reached a conclusion that leaves a community grappling with grief and unanswered questions. The crash, occurring in July, resulted in the heartbreaking death of a 2-year-old boy named Finnegan McKee and injured several others.

After thorough examination, Oswego police announced on Wednesday that the cause of the crash was driver error. However, they have determined that no criminal charges will be filed against the driver, a 50-year-old resident of Michigan. The investigation revealed that the incident, although tragic, does not meet the criteria for criminal charges under Illinois law, especially since it took place on private property.

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The investigation was described as meticulous and exhaustive. Oswego Police Chief Jason Bastin stated that detectives scrutinized all available evidence, which included forensic data, witness accounts, medical records, and a detailed analysis of the vehicle involved. “This was a tragic accident in which the driver was at fault, but her actions were not criminal,” Bastin explained in a news release.

Despite the absence of criminal charges or citations, Chief Bastin emphasized the depth of the tragedy and expressed sincere condolences to those touched by the incident. “We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss,” he shared, underscoring the profound impact on the Oswego community.

In addition to no criminal charges being filed against the driver, “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,” the update from Oswego police read.

“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,” Oswego Police Chief Jason Bastin said in a news release. “We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss.”

New bollards were installed in front of the Portillo’s last month. They are meant to prevent any vehicles from crashing into the restaurant.

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