Don Wright remains in critical condition at John Peter Smith Hospital in Fort Worth after being shot in the face with his own pistol at his own home.

And the shooter is still on the loose.

According to Chief Investigator Larry Wand of the Erath County Sheriff's department the case is being referred to the district attorney's office for review. The district attorney will determine if the case will be sent to the grand jury.

Wand said physical evidence such as clothing and the gun have been collected and sent for forensic tests.

“We're trying to do our job here, Wand said. “We're going to let the physical evidence tell us what happened.

Wand said several individuals involved were intoxicated, and it made it difficult to conduct a proper interview.

Jessie Gray said she was an eyewitness to the shooting and was standing directly behind Wright when he was shot. So close, in fact, she said Wright fell on her feet after he was shot in the face.

She also claims to know who the shooter is.

“I heard the noise of the gun and I saw the flash, Gray said.

(The E-T, however, will not release the name until an arrest is made or one is made public by authorities.)

Gray said she is having trouble understanding why the sheriff's department would arrest Dale Dove while the shooter was set free.

Dove was arrested after the altercation and charged with aggravated assault. He was released after posting a $30,000 bond.

Another person involved in the fight was Beau Tubbs, whose legal name is Thomas Harris, Jr., according to Wand.

Harris was treated for extensive injuries he received during the fight, but has not been charged with any crime.

Wand said the investigation is ongoing and he is still questioning Harris (Tubbs) about the details surrounding the case.

“We felt that (Harris) Beau Tubbs did not need to be arrested, Wand said. “It was a decision made in conjunction with the district attorney's office.

Gray said Dove was trying to protect everyone there. The shooting occurred at the home of her ex-husband on Houston Ranch Road after (Tubbs) Thomas Harris, Jr., pulled up to the house with his sons.

She said she has no idea why idea why he was there. Gray also said she does not know what started the fight, but said she remembers everything.

“There was no reason for Dale Dove to be arrested at all, Gray said. “None at all. He was trying to protect us. I am just in awe that Dale is the one that got in trouble and he didn't do anything. He never touched that gun. He should not have to go through this.

Meanwhile, Investigator Wand said he is doing everything he can to make sure that justice is served and would not comment specifically on Dove's arrest.

“Our job is to protect and save lives and it's just not a clear cut deal. Physical evidence, along with witness statements, is the strongest thing we're looking at at this point, Wand said.