XL Bully owner facing jail after man, 84, mauled to death and 'guarded like prey'
The dog, owned by father-of-two Sean Garner, guarded" the victim "as if he were its prey" and took ten bullets off armed police
The owner of an XL Bully which savaged an 84-year-old man to death is facing jail after being convicted over the attack.
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John McColl was attacked by, Toretto, owned by Sean Garner, after he wandered onto the driveway of his home in Warrington, Cheshire, in February last year.
Mr McColl had been on the way home from the pub when he was attacked, and died from his injuries in hospital a month later.
The dog weighed seven stone and four pounds and was shot ten times by police at the scene.
Garner had been standing trial at Liverpool Crown Court accused of being the owner of a dog which caused injury while dangerously out of control, for which he was convicted of on Tuesday.
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He also told "bare-faced lies" by claiming Mr McColl had deliberately let the dog out of the garden after walking up the driveway.
Audio released by police after the case shows Garner asking for his mother to phone him, saying "there's police at my new house over the f****** dog."
Following the conclusion of the case, jurors were told excused from jury service for ten years after hearing evidence which had been "some of the worst" judge Brian Cummings KC had "ever heard."
The 31-year-old, who was described in court as a "selfish, reckless risk taker who couldn’t care less," later described Toretto as "missing a few nuts and bolts."
The jury heard Mr McColl was on his way home from the pub shortly after 6pm on February 24 when, for an unknown reason, entered Garner’s driveway on Bardsley Avenue.
The dog had been left on a patio area which the prosecution alleged was only secured by a gate with a latch. Toretto then launched an attack on Mr McColl.
In his opening to the jury, prosecutor David Birrell said: "The dog guarded him as if he were its prey.
"It savaged him."
An examination of the dog later found it had no food in its stomach, but it had begun to eat Mr McColl alive.
The court heard Garner, his then-pregnant partner and two children, had moved into the semi-detached home three weeks before the incident and told the landlord they had one French bulldog, despite owning two XL bullies and a micro bully dog.
Giving evidence, Garner, who has previous convictions for driving offences and possessing drugs with intent to supply, claimed he took steps to ensure Toretto and the second XL bully, a female called Malibu who was shot when police found her inside the house, were not dangerously out of control.
He claimed the male dog was in a shed which was bolted and padlocked on the patio, which he said had a gate that was secured with a latch and chain.
Garner told the court at the time of the attack he did not know the dogs' breed, which was banned in 2024, although the court heard he had previously advertised Malibu for breeding as an XL bully on social media.
He said he had not walked the dogs for about ten days, but said he had allowed them onto the patio for exercise.
Garner described Toretto as "missing a few nuts and bolts" in a message to his mother, and told the court: "I could never imagine that a man who has been to the pub could go up my path on his way home and do what he has obviously done to let my dog out."
In his closing speech, Mr Birrell described Garner as a "selfish, reckless risk taker who couldn’t care less" and told "bare-faced lies."
He said Garner’s claims that Mr McColl had released the “big, savage dog” from a padlocked shed were “ludicrous” and “absurd."
Speaking outside court, Detective Sergeant Emily Cole of Cheshire Police said: "Our thoughts and deepest sympathies are with the family of Mr McColl.
"What they witnessed as he suffered unimaginable injuries is beyond comprehension. The strength and determination Mr McColl showed in fighting to survive those injuries was both astonishing and deeply inspiring."
She added: "It is our hope that today’s verdict serves as a powerful reminder of the dangers posed when dogs are not responsibly owned and controlled, and that it helps prevent further tragedies of this nature in the future."
Garner, now of Belle Vale, Liverpool, previously admitted two counts of possessing an XL bully without an exemption certificate.
He showed no reaction as the verdict was returned, but members of his family were in tears in the public gallery.
He was remanded in custody ahead of a sentencing hearing on April 17 and was told he faced a "substantial prison sentence."