A man has been jailed for 12 years after his dangerously out-of-control XL Bully dog launched a prolonged and fatal attack on an 84-year-old pensioner who wandered onto his driveway.
Sean Garner, 31, was sentenced at Liverpool Crown Court on 17 April 2026 after being found guilty of being the owner of a dog which caused injury while dangerously out of control. His victim, retired steel erector John McColl, died in hospital about a month after the “savage” assault in Warrington, Cheshire, in February last year.
The Attack
The court heard Mr McColl was walking home from the pub shortly after 6pm on 24 February 2025 when he entered the driveway of Garner’s semi-detached home. The prosecution alleged the XL Bully, named Toretto and weighing approximately 46kg (7st 4lb), was on a patio area secured only by a gate with a latch.
The dog attacked, inflicting what Judge Brian Cummings KC described as “catastrophic facial injuries” during a 45-minute onslaught. The judge said the retired steel erector, who remained conscious throughout, must have been in “absolute agony”. Neighbours described using items including a spirit level and a walking stick in a desperate, unsuccessful attempt to intervene, with witnesses stating the dog guarded Mr McColl as if he were prey, preventing help.
Armed police were called and, according to the research briefing, fired a total of 19 shots. Toretto was shot ten times to end the attack. A second XL Bully found inside the house was also shot. A post-attack examination of Toretto revealed it had no food in its stomach and had begun to eat Mr McColl.
David Birrell, prosecuting, told the court police officers who attended required counselling after witnessing the scene, suffering flashbacks. In a victim impact statement, Mr McColl’s granddaughter, Kelly Percival, told Garner: “Your dog basically ate my grandad, but you and your family don’t care.” She said her grandfather “didn’t get to die a dignified death.” His daughter, Joann Percival, added: “You robbed us of our dad, grandad, great-grandad, but you don’t care and it’s not OK.”
A Catalogue of Lies and Reckless History
The court heard that Garner’s account of events was a fabrication. He claimed he had secured Toretto in a small shed on the patio with a padlock and that Mr McColl must have unlocked it—an assertion the prosecution described as “absurd” and “ludicrous”.
Judge Cummings stated: “If there ever was any remorse it is completely nullified by these offensive lies.” He said Garner had contested the “uncontestable” and told him: “I cannot accept that you have shown any true remorse.”
Garner’s deception began before the attack. He had moved into the property with his then-pregnant partner and two children just three weeks prior, falsely telling the landlord he owned only one French Bulldog. In reality, he possessed two XL Bullies—Toretto and a female named Malibu—and a Micro Bully called Moochi. Toretto was neither microchipped nor neutered, in breach of regulations for the banned breed. The prosecution suggested Toretto may have been agitated as he was separated from Malibu, who was in season.
Garner had previously described Toretto as “missing a few nuts and bolts” and had advertised him as an XL Bully on Instagram. The trial also heard Toretto had previously “caught” Garner’s mother and had escaped from another enclosure in the past.
Garner pleaded guilty before trial to two counts of owning an XL bully without an exemption certificate. The breed was added to the UK’s list of banned dogs, with it becoming illegal to own one without a Certificate of Exemption from 1 February 2024. Owners of exempted dogs must comply with strict conditions including neutering, microchipping, and muzzling in public.
Mr Birrell outlined Garner’s “history of reckless disregard for the law and for safety.” He had previous convictions for driving and drugs offences, including possession with intent to supply. At the time of the attack, he was disqualified from driving but was nonetheless operating a vehicle recovery business. Garner claimed he did not return to the scene when contacted by police because of this disqualification.
In mitigation, Lloyd Morgan said Garner expressed “deepest sympathy” to the family and was the primary carer for his partner, Lauren Lawler, who had been diagnosed with stage three Hodgkin lymphoma. The court was told a third, smaller dog was seized following the incident.
Commenting on the broader context of the case, Cheshire Chief Constable Mark Roberts has described XL Bullies as “like weapons”, noting his force had removed over 100 of the dogs from the county’s streets.
