The owner of an unregistered XL Bully which killed a pensioner in Warrington has been convicted of owning a dog that caused injury while dangerously out of control.
Sean Garner was found guilty of the charge following a six day trial at Liverpool Crown Court which concluded today, Tuesday 31 March.
The 31-year-old of Hartsbourne Avenue, Liverpool, had earlier pleaded guilty to two counts of possession of a fighting dog.
Garner will return to court to be sentenced on Friday 17 April.
The court heard on Monday 24 February 2025, 84-year-old John McColl had been returning to his home on Mullen Close, Dallam.
After getting off the bus, CCTV footage showed Mr McColl crossing the road before entering Garner’s driveway on Bardsley Avenue.
It is unknown why he entered the driveway, however just moments later a member of the public heard Mr McColl screaming for help while being attacked by Toretto, an unregistered XL Bully owned by Garner.
Valiant efforts were made to help Mr McColl, with various objects used to try to stop the dog, however Toretto continued to attack him, and stood guard over Mr McColl preventing anyone from helping.
Emergency services were called to the scene at 6.38pm and on arrival police found Mr McColl lying in the driveway with serious facial injuries. However, due to Toretto remaining in close proximity, officers were unable to provide first aid.
Firearms officers were called to the scene, and a decision was taken to dispatch Toretto in order to provide lifesaving treatment to Mr McColl.
A second unregistered XL Bully was also located in Garner’s address. The dog, later identified as Malibu, was also dispatched by officers to ensure the safety of all those present.
In total 19 on-target shots were required to end the horrific attack to a safe conclusion.
After securing the scene, paramedics provided life-saving treatment to Mr McColl at the scene before he was transported to Aintree Hospital and was later moved to Whiston Hospital.
Garner was quickly identified as the owner of dogs and was subsequently spoken to by officers over the phone and asked to return to his home.
Following the call, Garner met with his partner at a retail park in Warrington and the pair agreed to return to the address. However, after leaving in separate vehicles, he failed to return and instead went on the run.
A police manhunt was launched and Garner subsequently handed himself in at Runcorn Police Station on Wednesday 26 February.
During questioning, Garner claimed that Toretto had been locked inside a secure shed when he left the address, he also claimed that both Toretto and Malibu were American Bully’s and not XL Bully’s. Despite his claims, he was later charged in relation to the attack.
Following the incident, a necropsy was conducted on Toretto. During the examination of the dog’s stomach, pieces of human flesh were discovered, including a human ear.
John McColl
Mr McColl spent over a month in intensive care, where he underwent several operations but despite the best efforts of all those involved, he passed away on Sunday 30 March.
Following the guilty verdict, Detective Inspector Simon Mills, of the Major Investigation Team at Cheshire Police, said: “Firstly, I would like to express my deepest sympathies to John’s family, and I hope that the verdict reached today will provide them with some closure.
“The injuries sustained by John were absolutely horrific and left him unrecognisable to friends and family. Yet despite his injuries, he fought hard to survive as long as possible. I cannot begin to imagine the amount of pain and suffering he must have endured.
“I would also like to take this as an opportunity to thank all those who provided help and assistance to John, including the members of the public, officers and medical staff, all of whom fought hard to save him.
“Many of those who attended described the attack as one of the most traumatising incidents that they have ever dealt with.
“John was a kind and generous dad, grandad, and great grandad who was well liked by all those who knew him. If anything can be achieved by his death, I hope that it acts as a reminder about the dangers of XL Bully’s to ensure that nobody else has to go through the pain and suffering that his family have endured over the past year.”
Following the hearing, outside court, Detective Sergeant Emily Cole said – “Today, the jury returned a guilty verdict against Sean Garner. He has been found guilty of owning two dangerous dogs, namely XL Bully’s Toretto and Malibu, and guilty of being the owner of the dog Toretto, which was dangerously out of control and fatally injured Mr. John McColl.
“The tragic circumstances of this case highlight the very reasons the Dangerous Dogs Act exists, and the devastating consequences that can occur when the law is not followed.
“Mr McColl was an 84 year-old dad, grandad and great grandad. On the night of the incident, he was simply walking home, contrary to previous rumours he wasn’t drunk, but he became distracted and entered the driveway of a property that was being rented by Mr. Garner.
“We may never know precisely why he entered the driveway, but what is clear is that the dog was not securely contained. As a result, Toretto attacked and killed Mr. McColl.
“This incident could have happened to anyone who might have that driveway that day, whether that was a postman, delivery driver or a child collecting a ball.
“Sadly, it was Mr McColl who was that person.
“Sean Garner knew that Toretto was an unregistered XL Bully. He was well aware of the dog’s destructive and aggressive tendencies.
“Yet despite this, he chose to leave the dog outside his address in an insecure area. Not only that, but he kept a second unregistered XL Bully within the same property.
“His actions that day resulted in the death of an innocent man.
“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.
“I would also like to take this opportunity to acknowledge and thank the members of the public, police officers, and medical professionals who provided immediate assistance to Mr. McColl. Their swift actions and tireless efforts to save him deserve recognition.
“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.”
