The Oswego Police Department has concluded their investigation into the fatal crash that tragically claimed the life of a child and injured several other patrons at Portillo’s Restaurant on July 30, 2025.

After a nearly three-month investigation, Oswego Police determined the crash was caused by driver error and that no criminal charges were warranted. Investigators found that the driver mistakenly pressed the accelerator instead of the brake, causing the vehicle to strike the restaurant. The department’s findings were submitted to the Kendall County State’s Attorney’s Office, which reviewed the case, found the investigation to be thorough and complete, and concurred that criminal charges were not warranted against the 50-year-old driver, who resides in Michigan.

As part of this comprehensive investigation, Oswego Police conducted:

• Interviews with the driver, injured patrons, and witnesses.
• A forensic review of the driver’s phone data, which showed the device was being used solely for GPS navigation and was not actively engaged by the driver.
• A review of medical records and toxicology testing, which screened for 155 substances.
• A full reconstruction of the crash, including analysis of the vehicle’s crash data retrieval system.

The crash data retrieval system revealed five seconds of pre-crash information. During this period, the brake pedal was never engaged. The vehicle was traveling approximately 5-6 mph as it entered the parking space. From -2.0 seconds to the point of impact, the accelerator pedal was increasingly applied, reaching 100% at impact. The vehicle speed increased from 5.6 mph to 14.9 mph in those final seconds. The vehicle’s anti-lock braking system (ABS) showed no activity during the entire five seconds, confirming the brakes were never applied. (See Figure 1)

Driver impairment was determined not to be a factor in the crash. Officers observed no signs of impairment in the driver. 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. 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.

The investigation also addressed whether charges such as reckless homicide or involuntary manslaughter were appropriate. Investigators concluded that the driver’s actions did not meet the legal requirements for those offenses as there was no evidence of a willful or wanton disregard for the safety of others, which is a required element for charges. Additionally, 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.

“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.”

The Oswego Police Department will also be releasing a video summary of the investigation on its official Facebook page, www.facebook/OswegoPolice.

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Original Release – August 1, 2025

Oswego Police Investigating Fatal Vehicle-Into-Building Crash

 The Oswego Police Department is still actively investigating a tragic vehicle-into-building crash that occurred Wednesday afternoon, resulting in the death of a young child and injuries to multiple individuals.

At approximately 1:55 p.m. on Wednesday, July 30, 2025, officers responded to a report of a vehicle that had crashed through the front entrance of a Portillo’s restaurant located at 2810 Route 34. First responders arrived to a chaotic and critical scene involving multiple injured individuals, including a 2-year-old child, a boy, who later died from injuries sustained in the crash.

Our officers were first on scene and immediately began life-saving efforts, including CPR administered to the child. Multiple partner agencies, including fire and EMS personnel, responded quickly and worked in coordination with our officers to provide emergency care and secure the scene.

Preliminary findings suggest the crash may have been accidental in nature; however, the exact cause remains under investigation. At this time, it has not been determined whether charges will be filed against the driver, a 50-year-old female from Canton, Michigan. The investigation remains active and ongoing.

A total of 13 individuals were injured and/or evaluated as a result of the incident, not 14 as was initially reported. Eight individuals were transported to area hospitals, including a 2-year-old child who was later pronounced deceased. Five additional individuals were evaluated at the scene and declined further medical treatment. The driver of the vehicle, which was a 2011 Lincoln MKZ Sedan, was among those transported to the hospital.

With the exception of the 2-year-old child who tragically lost their life, the individuals injured in the incident ranged in age from their 20s to their 60s. Out of respect for all those affected, no names are being released.

We understand the emotional impact this incident has had on our community and on our first responders. Support resources have been made available, and we encourage anyone affected to seek assistance as needed.

The Oswego Police Department would like to thank the following agencies for their support and assistance during the incident. Their coordinated response was instrumental in ensuring public safety and effective incident management.

• Oswego Fire Protection District
• Oswego Public Works
• Aurora Fire Department
• Aurora Police Department
• Bristol Kendall Fire Protection District
• Illinois State Police
• Kane County Coroner’s Office
• KenCom Public Safety Dispatch
• Kendall County Emergency Management Agency
• Kendall County Sheriff’s Office
• Montgomery Police Department
• Naperville Fire Department
• Plainfield Fire Department

We would also like to express our appreciation to the management and staff of Portillo’s, as well as to the patrons who assisted during the incident. Their support during this challenging time is sincerely appreciated. Further updates will be provided as the investigation progresses.

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