The driver in the July 30 fatal crash at the Portillo’s restaurant in Oswego will not face any criminal charges.

A 2-year-old boy was killed and several other patrons were injured when a car crashed into the entrance of the restaurant.

Following a nearly three-month investigation, the Oswego Police Department has determined the driver mistakenly pressed the gas pedal instead of the brake, causing the 2011 Lincoln MKZ to crash into the restaurant.

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

The department submitted its findings to the Kendall County State’s Attorney’s Office, which reviewed the case and found the investigation to be thorough and complete. It concurred that criminal charges were not warranted against the 50-year-old driver, who lives in Michigan.

As part of the investigation, Oswego police interviewed the driver, injured patrons and witnesses, according to the police department.

Police also did a 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, according to police.

The investigation also included a review of medical records and toxicology testing, which screened for 155 substances. In addition, a full reconstruction of the crash was done, including analysis of the vehicle’s crash data retrieval system, according to police.

Driver impairment was determined not to be a factor in the crash, police said. 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,” according to police. “Based on both the toxicology results and officer observations, there was no evidence of impairment.”

In addition, police said there was no evidence the driver was distracted by her phone.

“Data confirmed she was using her phone only for navigation while traveling to the restaurant,” police said.

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.

The Oswego Police Department has released a video summary of the investigation on its official Facebook page, facebook.com/OswegoPolice.

Following the crash, the restaurant has installed bollards and parking stops in front of its entrance.

The family of the boy is seeking more than $100,000 in damages as part of a lawsuit it has filed against Portillo’s.

“It’s encouraging to see Portillo’s finally taken action, but it shouldn’t have taken a tragedy for Portillo’s to recognize such an obvious safety issue,” GWC Injury Lawyers LLC associate Allison Dolan said on Oct. 14. “The McKee family’s loss is immeasurable, but if these changes prevent even one more life from being lost, than we feel that is something meaningful and it’s proof that litigation can drive this real safety reform.”

The firm is representing the family in the lawsuit. Portillo’s has not commented on the suit.

“It’s a design failure not to have bollards and a blocked entryway to protect pedestrians,” Dolan said.

Following the fatal crash, the village has been looking at requiring new commercial buildings to install barriers to protect pedestrians along sidewalks or store entrances.