UPDATE 3/19/13 @ 2:45 p.m.
PORTSMOUTH, Ohio (WSAZ) -- A Scioto County Grand Jury did not indict the driver of an SUV that hit and killed a man riding his bike along a state highway in Wheelersburg, Ohio in December.

Scioto County Prosecutor Mark Kuhn tells WSAZ.com the grand jury heard the case last Friday.

22-year-old Shawn Hamilton died from his injuries in the hit-and-run accident along SR 522 just north of Mill Road. The accident happened about 6 p.m. on December 3. Hamilton was riding south when he was hit, forced off the road and thrown from his bicycle.

The driver of the SUV came forward several days after the accident. Kuhn says she told investigators that she believed she hit a deer. Kuhn says she returned to the scene twice that night to see what she hit.

Kuhn tells WSAZ.com that at the time of the accident it was dark and Hamilton’s bike did not have lights or reflective devices. He also says the frame of the bike was covered in camouflage tape and Hamilton was wearing a dark brown jacket.

Kuhn says two other drivers also told investigators they almost hit Hamilton that same night.

Kuhn says his office was seeking charges of vehicular homicide and leaving the scene of an accident. He does not know why the grand jury did not indict the driver.

Sgt. Joseph Baisden with the Ohio Highway Patrol tell WSAZ.com that the woman admitted to hitting 22-year-old Shawn Hamilton was riding on Monday.

Troopers say the hit and run accident happened about 6 p.m. Monday on SR 522 just north of Mill Road near Wheelersburg, Ohio.

Hamilton was riding south when he was hit, forced off the road and thrown from his bicycle.

Hamilton later died at a Huntington hospital.

Baisden say the case will now be presented to a Scioto County grand jury to determine if any charges will be filed.

Investigators don't believe the driver was the under the influence at the time of the accident. Her name is not being released.

Keep clicking on WSAZ.com for the latest information.

The Ohio Highway Patrol says 22-year-old Shawn R. Hamilton, died at a Huntington hospital.

Troopers say the hit and run accident happened about 6 p.m. Monday on SR 522 just north of Mill Road near Wheelersburg, Ohio.

Troopers say Hamilton was riding south when he was hit, forced off the road and thrown from his bicycle.

Investigators say from debris left at the scene, the fleeing vehicle is a 2002-2007 Buick Rendezvous, unknown color. The vehicle has damage to the right headlight, right fender and right mirror.

Friends say Hamilton has been living in Flatwoods, Ky.

If anyone has information about the crash, they are encouraged to contact the Portsmouth Post of the Ohio State Highway Patrol at 740-354-2888.

Keep clicking on WSAZ.com for the latest information.

The Ohio Highway Patrol says the hit and run accident happened about 6 p.m. Monday on SR 522 just north of Mill Road near Wheelersburg, Ohio.

Troopers say the man was riding south when he was hit, forced off the road and ejected from his bicycle. The vehicle, possibly a pickup truck, continued down the road. The vehicle will have damage to right headlight, right fender and right mirror.

The bicyclist was airlifted to Cabell Huntington Hospital where he is listed in critical condition Tuesday morning.

Troopers plan to release his name once family members are notified.

If anyone has information about the crash, they are encouraged to contact the Portsmouth Post of the Ohio State Highway Patrol at 740-354-2888.