Finnegan McKee ate lunch with his parents, Christina and Schyler McKee, at Portillo’s restaurant in Oswego, Illinois, on July 30, 2025. While inside, a 50-year-old woman crashed into the glass front of the building with her SUV. Tragically, Finnegan died from injuries received in the crash, and 12 others had injuries. More than three months later, police have wrapped up their investigation and found no reason to charge the driver. Finnegan’s family claims Portillo’s is to blame.
The Village of Oswego released the findings from the police investigation on November 5. Investigators looked at all the evidence for nearly three months and found the driver, a woman from Michigan, was not impaired or distracted at the time of the accident. She accidentally hit the accelerator instead of the brake, causing her car to speed up and crash into the restaurant.
Investigators performed several tests to ensure the unnamed driver was not under the influence of an illegal substance.
“Toxicology results did not reveal the presence of alcohol. Testing did show a THC level of 1.4 ng/ml, which is below the state of Illinois’ legal threshold of 5 ng/ml for driving under the influence. Based on both the toxicology results and officer observations, there was no evidence of impairment,” the police department’s release noted.
“Additionally, there was no evidence that the driver was distracted by her phone. Data confirmed she was using her phone only for navigation while traveling to the restaurant.”
Investigators concluded the driver’s actions did not meet legal requirements for charges related to Finnegan’s death.
“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 shared in the release. “We extend our deepest sympathies to the family, friends, and community members affected by this heartbreaking loss.”
The McKee family’s lawyer, Louis A. Cairo, told Law & Crime the family planned to file a lawsuit.
“This is an absolutely devastating and heart-wrenching case,” Cairo said.
The lawsuit blames Portillo’s for Finnegan’s death.
“Portillo’s configured the parking lot so that parking spaces were positioned immediately in front of, and perpendicular to, the restaurant entrance, requiring vehicles to park head-in or back-in rather than parallel to the building frontage,” the complaint alleges. “The parking spots immediately in front of the restaurant had no physical barriers, such as parking stops, parking bumpers, fencing, bollards, or walls, any one of which would prevent or, at a minimum, slow a vehicle from driving from the asphalt parking lot up onto the sidewalk and into the storefront.”
Finnegan’s parents have sued Portillo’s for more than $100,000 in damages.
What a devastating loss. A family is enjoying lunch together, and the next thing you know, their child is gone. It will be interesting to see how this plays out and whether a court will find Portillo’s at fault. No matter the outcome, an innocent life was cut short, and a 50-year-old driver’s life will never be the same.
