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Four years after his daughter was killed, a Washington man continues to fight for custody of his granddaughter

Four years after Brittany Thuney was shot and killed, her father is still trying to gain custody of his granddaughter.

KELSO, Wash. — Just over four years after 31-year-old Brittany Thuney was shot and killed at a Kelso gas station, her father held a vigil in her honor at the Arco gas station, where she died. 

"Being here, it feels like yesterday," Joe Thuney, Brittany’s father said.

On May 15, 2020, Brittany Thuney was dropping her seven-year-old daughter off at her ex’s house, when police said she was ambushed by her ex’s father, Scott Belenski.

Belenski shot Brittany, who was able to drive away, to the Arco gas station, police said.

That’s when Joe Thuney said he received a call from his daughter.

"She told us she had been shot,” Thuney recalled. “Who did it. And that we needed to get here quick because she was dying."

During the call, Thuney said Belenski arrived at the gas station and shot his daughter several more times.

Belenski then shot himself, police said.

RELATED: 'Brittany is not alone': Father fights for justice 3 years after Kelso murder-suicide

"Her last words were ‘get her daughter,’" Thuney said.

For the past four years, Thuney has worked to achieve his daughter's request. Her murder case is still open.

"There's no book you can follow when it comes to this," he said.

Brittany Thuney’s 11-year-old-daughter lives with her ex, whose father is accused of killing Brittany.

"That's where she's at now and I am not ok with that," Joe Thuney said.

 In 2021, Brittany Thuney's ex was arrested for obstruction of a law enforcement officer, making false statements to a public servant, tampering with physical evidence and a violation of a protection order. Police say some of those actions were related to the murder. 

But due to Washington law, Joe Thuney said it’s difficult for relatives to be granted custody over parents.

"They want to talk about the parents’ rights which are very important,” Thuney said. 
“The more important thing, what about the child's rights?"

Now he and advocates are pushing state leaders for change.

"It's child custody gone wrong," Michelle Bart, President of the National Women's Coalition against Violence and Exploitation said. "So we're going to be in Olympia a lot."

"Change takes longer than we like,” Thuney said. “But you can't give up."

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