After a nearly three-month investigation, the Oswego Police Department has determined that the cause of an accident that took the life of a 2-year-old boy and injured 14 others was “driver error.”
The accident occurred on in late July when a car crashed through the front of Portillo’s restaurant on Route 34 in Oswego in the early afternoon.
According to Oswego police, of the 14 individuals injured, including the driver, 8 were transported to nearby hospitals and 6 others were treated at the scene and released.
During the investigation, the results of which were released yesterday, 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.
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.
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. 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.”
