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ARDMORE, Okla. -- An Ardmore family remains frustrated that more than a week after their pregnant family member was run over by a car, no arrest has been made.

Shelby Miller, 20, was four months pregnant at the time of the accident last week.

The baby did not survive and Miller remains hospitalized fighting for her life.

The Ardmore police department turned over their investigation to the district attorney Monday afternoon.

It will now be up to the DA if any charges will be filed.

The police chief said they've been very thorough, reconstructing the accident and interviewing countless witnesses.

But Miller's family said they are frustrated that the woman was not arrested that night.

"We feel like we're getting treated like criminals and she's being treated like the victim. I sure wish Shelby could've gone home that night and and slept in her bed," Miller's Aunt Susie Peek said.

Their family attorney said while he doesn't know all the facts of the case, he, too, was surprised the driver was not taken into custody.

"There were a lot of things going on that night. I'll tell you that. But I'm still a little surprised there wasn't an arrest that night," Fred Collins said.

The whole thing started at a bar down the street from Miller's house.

Her dad and brother got into an argument with a couple at All Starz.

Later on, that couple showed up at Miller's house and a fight broke out in the street.

The suspect got behind the wheel of her car.

"She went down the road one way, went down the road the other way and turned around and ran Shelby over," Peek said.

"There's a big difference between it being accidental or being on purpose. And you have to be able to prove intent for it to be a crime," Ardmore police chief Keith Mann said.