John McColl died from his accidents a month after the assault in Warrington.
John McColl, 84, died from his accidents a month after the XL Bully assault (Picture: Cheshire Police)
An XL bully needed to be shot 10 instances by armed police to cease it attacking a pensioner. John McColl, 84, died from his accidents a month after the assault by the canine, known as Toretto, in Warrington, Cheshire, in February final 12 months.
Sean Garner, 31, admits possessing the banned male XL Bully canine and a feminine of the identical breed with out an exemption certificates. He denies being the proprietor of a canine which prompted harm whereas dangerously uncontrolled. A trial at Liverpool Crown Court docket on Tuesday heard Mr McColl wandered onto the driveway of Mr Garner’s property in Bardsley Avenue at about 6pm on February 24, 2025.
Sean Garner, 31 denies being the proprietor of a canine which prompted harm whereas dangerously uncontrolled (Picture: Alan Dempsey)
David Birrell, prosecuting, mentioned: “After he entered the defendant’s driveway, the canine attacked him and it simply wouldn’t let him go. Individuals tried to assist him. Grown males, with weapons, hitting the canine. But it surely was no use, the canine wouldn’t let him go. The canine guarded him as if he have been its prey. It savaged him.”
Cops who have been known as to the scene couldn’t get to Mr McColl, so firearms officers shot the canine 9 instances with a pistol and as soon as with a shotgun, the courtroom heard.
Mr Birrell mentioned: “That’s how a lot ammunition was required to neutralise this massive, highly effective, savage canine.”
An examination of the canine after it was killed discovered no meals in its abdomen, however confirmed the beast had begun to eat Mr McColl alive, the courtroom heard.
Mr Birrell mentioned a second canine, known as Malibu, was additionally shot by police who “did not take any possibilities”.
The jury was instructed Mr Garner prevented police for 2 days earlier than handing himself in on February 26.
John McColl had wandered into Sean Garner’s driveway (Picture: Newsquest/SWNS)
Textual content messages confirmed he contacted members of the family and “made gentle of the scenario”, jurors heard.
He mentioned Mr Garner was anticipated to inform the courtroom the canine was saved securely in a software shed, however the prosecution mentioned that was “a lie” and the canine was saved on a patio, with solely a metallic gate on a latch securing it.
Mr Birrell mentioned Mr Garner knew the canine, which he used for breeding, was harmful and in a single textual content message mentioned it was “lacking a couple of nuts and bolts”.
He mentioned the jury would hear knowledgeable proof that the canine had not been fed for a while. He added: “The knowledgeable can even inform us that the canine gave the impression to be guarding Mr McColl as if he have been its prey or its meals.”
The jury heard Mr Garner saved the feminine canine inside the home, other than the male, and, based on an knowledgeable, separating canines like that would make them “annoyed and aggressive”.
Mr Birrell mentioned Mr Garner, now of Belle Vale, Liverpool, was an “irresponsible” and “reckless” canine proprietor.
The jury was proven body-worn footage from Computer Chris Cunliffe, one of many first officers to reach on the scene. Mr McColl was pixellated within the footage, however might be heard crying out for assist.
In an announcement, Mr Cunliffe mentioned he noticed the canine mendacity down subsequent to Mr McColl. He added: “I can solely describe the canine’s behaviour as if it have been guarding its toy it had simply ripped aside.”
He mentioned he was not capable of method Mr McColl as he feared he can be attacked.
When armed officers arrived he and a colleague used shields and commenced to drag Mr McColl away from the canine to security, jurors heard.
Mr Cunliffe added: “As we began to drag him, the canine got here for us instantly in what I imagine to be an aggressive method. That is when firearms officers shot it quite a few instances whereas we pulled him to security.”
He then helped with first support for Mr McColl, who he mentioned had the worst accidents he had seen in his policing profession.
A jury for the trial was sworn in on Monday, however was discharged shortly after the case was opened.
Decide Brian Cummings KC mentioned a matter had been drawn to his consideration which was “no reflection” on any of the jurors.
A brand new jury was sworn in on Tuesday morning. The trial is anticipated to final between 5 and 7 days.
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