The driver involved in a crash at an Oswego Portillo’s location that killed a 2-year-old boy in July will not face criminal charges, the Oswego Police Department said on Wednesday.

Following a nearly three-month investigation, the department says the crash “was caused by driver error” and that criminal charges weren’t warranted. The department’s investigation found that the driver had mistakenly pressed the accelerator instead of the brake, which caused the vehicle to crash into the restaurant.

On July 30, a vehicle crashed through the front entrance of a Portillo’s location at 2810 Route 34 in Oswego, according to past reporting. A 2-year-old boy died, and 12 people were injured.

The department said in a Facebook post Wednesday that their investigation included interviews with the

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