Killer XL bully 'released' by victim, owner claims

Phil Cunliffe,Liverpool Crown Courtand
Jonny Humphries,North West
News imageCheshire Police John McColl is seen smiling waring a black beanie hat, t-shirt and black hoodie.Cheshire Police
John McColl, 84, died after sustaining serious injuries in the dog attack

The owner of an XL bully that mauled a pensioner leading to his death told jurors he believed the victim released it from a shed in the moments before the attack.

John McColl, 84, died from his injuries a month after being savaged by the dog, which had to be shot 10 times by police marksmen at the scene in Warrington, Cheshire, on 24 February last year.

Owner Sean Garner said before leaving home that day he had locked the dog, called Toretto, in a shed in his back yard which was secured by a gate with a latch and a chain.

The 31-year-old is on trial at Liverpool Crown Court having denied being the owner of a dog which caused injury while dangerously out of control.

The court has heard McColl appeared to have wandered onto Garner's driveway, on Bardsley Avenue, for unknown reasons while he was on the way home from the pub shortly after 18:00 GMT.

Neighbours tried to save him by distracting the dog but the jury heard it had "guarded" the stricken pensioner "like prey".

Dog's behaviour 'brilliant'

Under cross examination from prosecution barrister David Birrell, Garner said he thought McColl must have entered his premises, opened the gate and unlocked the shed.

Birrell suggested his account was "ludicrous" and that he was "lying".

Earlier in response to questions from his defence barrister, Lloyd Morgan, Garner said he had owned Toretto for about four-and-a-half years, since the dog was between four and six months old.

"His behaviour was brilliant," he said.

"If my dog showed aggression, I wouldn't have had the dog around my kids.

"I've got a family. I've got people who would have stepped in if they thought the dog was aggressive."

News imageTwo community support officers in yellow high-vis coats stand near a residential garage.
McColl died a month after the attack on Bardsley Avenue, Warrington

Garner, now of Belle Vale in Liverpool, said the dog was "perfect" around other dogs, and fine with people.

Morgan asked Garner about a message he sent to his mother in March 2024, in which he described the dog as "missing a few nuts and bolts".

He said: "He's 100mph. He was always excited when he saw my mum.

"He knew he was either getting treats or he was going out.

"It was a figure of speech. I weren't meaning that my dog's aggressive, I was meaning he is 100mph."

He said at the time he had not believed either of his dogs were XL bullies, a banned breed which can only be owned with an exemption certificate, although he now accepted they were.

The court heard he had an Instagram page, called Little and Large Bullies, which he used to promote dogs for breeding.

He agreed he had advertised Malibu for breeding as an XL bully, but said that was because it was easier to sell puppies from that breed.

Garner 'lied to landlord'

He said he had not bred Toretto with his own dogs, but had used him as a stud for other people.

Garner, who the court heard had previous convictions for driving offences and drugs possession with intent to supply, said he was self-employed and ran a recovery business transporting cars.

He said he had previously worked in a dog fertility clinic, helping with collection of semen and "analysis to make sure they had enough swimmers".

He moved into the home in the Dallam area of Warrington with his then-pregnant partner and their two children about three weeks before McColl was attacked, the jury was told.

He accepted he did not tell the truth when he moved in and told the landlord he had one French bulldog, rather than the two XL bullies and one micro bully dog which he owned.

"I was trying to better my life," he said.

"Some landlords discriminate against dogs and don't let you get the property."

The trial continues.

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