ARDMORE, OK--On Monday the Ardmore Police Department handed over the case to the Carter County District Attorney's Office, who will determine if charges will be filed against the driver that ran over Shelby Miller.

Police said it will be up to Craig Ladd's office to determine from evidence gathered if the driver, whose name is not being released, intentionally ran over Miller.

"Intent becomes very important in this case and that's one of the things we've asked the district attorney to look at is to consider if there's anything that shows intent," said Sgt. Hunnicutt.

Police said the driver of the car was actually on the phone with police when Miller was run over early in the morning of April 28th. They said she only left the scene after claiming she didn't feel safe. Miller's family said there is no excuse for what happened next.

"If she was in such fear for her life she should have got in the car the minute anything started and left then," says Miller's aunt, Susie Peek.

"Our investigation shows that it was not a hit and run accident. The driver of the car maintained contact with law enforcement throughout the entire incident. There was no indication that she was trying to leave, to hide from the incident, that she was trying to cover up that incident," said Sgt. Hunnicutt.

Miller's family said after a fight broke out at a local bar, a couple followed them back to their home where the fight continued in the street. They say when Miller went outside to investigate, she was run over. She lost her unborn baby and is still on life support, in critical condition at OU Med Center.

"An innocent person gets ran over and innocent child gets killed and it'd be okay?" said Peek.

It will now be up to the District Attorney's office to decide if charges will be filed against the driver.