An 84-year-old man died after being mauled by an XL Bully dog in a horrific attack that was only stopped when armed police fired ten shots into the animal, a court has heard.
The fatal incident occurred on the driveway of a property on Bardsley Avenue in Warrington, Cheshire, on the evening of 24 February last year. The pensioner, John McColl, had wandered onto the driveway, though the reason why remains unknown.
‘It was savaging him’
The court heard harrowing accounts from neighbours who tried in vain to stop the attack. Christopher Burton, who lives opposite, described hearing his neighbour’s alert and rushing out with a walking stick. “The dog was chewing on the bloke’s face, it was tearing the bloke’s face,” he told Liverpool Crown Court from behind a screen. After striking the seven-stone dog on the head, the animal turned on him, forcing him to retreat as Mr McColl screamed.
Another neighbour, Geoffrey Chadwick, ran home after being told of the attack and returned with a spirit level to try and help. “I thought the man was dead at first until I heard him ask me for help,” he said in a statement.
Prosecutor David Birrell told the jury that despite the efforts of “grown men, with weapons,” the dog, named Toretto, would not release Mr McColl. “The dog guarded him as if he were its prey. It savaged him,” Mr Birrell said. One of the first police officers on the scene, PC Chris Cunliffe, said the dog’s behaviour was “as if it were guarding its toy it had just ripped apart.”
The lethal intervention and a shocking examination
Due to the ferocity of the ongoing attack, armed officers were deployed. The court heard they fired a total of 19 shots. Ten of those shots hit and killed Toretto, while the remainder were directed at a second female XL Bully named Malibu, which was also destroyed at the property. A third, smaller ‘pocket bully-type’ dog was seized.
The post-mortem examination of Mr McColl concluded he died from complications arising from dog bites to his head and face a month after the attack. A separate, critical examination of Toretto provided disturbing insights. The jury was told that the dog’s stomach contained human remains and plastic, but no dog food. The prosecution stated this was evidence the animal had begun to consume Mr McColl and suggested it may not have been fed for some time.
The owner and the charges
The occupant of the property, 31-year-old Sean Garner from Belle Vale, Liverpool, is on trial. He has admitted two offences of possessing an XL Bully dog without the legally required Certificate of Exemption. However, he denies being the owner of a dog that was dangerously out of control and caused injury.
The prosecution alleges Garner was an “irresponsible” and “reckless” owner. The court heard that in his application for the tenancy, which began on 3 February last year, Garner declared he had one dog—a French bulldog—and two children, making no mention of the XL Bullies. Text messages from Garner were presented which, the prosecution said, “made light of the situation” and indicated he knew the dog was “missing a few nuts and bolts.” The prosecution also suggested that separating male and female XL Bullies, as was reportedly done at the property, can lead to frustration and aggression.
The legal context for the case is defined by the Dangerous Dogs Act 1991. Since 31 December 2023, it has been illegal to own an XL Bully type dog in England and Wales without an exemption certificate, which requires the dog to be neutered, microchipped, kept on a lead and muzzled in public, and covered by third-party liability insurance. The breed was added to the banned list following a rise in attacks and fatalities. Owners of a dog that causes a fatal injury while dangerously out of control can face up to 14 years in prison.
Since 2020, there have been around 31 fatal dog attacks in the UK, with approximately 17 involving confirmed or suspected XL Bully breeds. The ongoing trial follows the discharge of an initial jury, with a new panel now hearing the case. The inquest into John McColl’s death has been suspended pending the outcome of the criminal proceedings.
