XL bully shot 10 times by police as it ‘savaged’ pensioner, 84, court told

An XL bully brutalized an 84-year-old man “as if he were his prey”, a court heard.

John McColl died a month later from his injuries after being attacked by a dog named Toretto, who had to be shot 10 times by armed police officers called to the scene in Warrington, Cheshire, in February last year.

Sean Garner, 31, admits owning a prohibited male dog and a female of the same breed without an exemption certificate, but denies owning a dog that got dangerously out of control, causing injury.

On Tuesday, a hearing at Liverpool Crown Court heard that Mr McColl pulled into the driveway of Garner’s property in Bardsley Avenue at around 6pm on February 24, 2025.

Prosecutor David Birrell said: “After pulling into the defendant’s driveway the dog attacked him and refused to let him go.

“People tried to help him. Adult men were hitting the dog with guns. But it was no use, the dog did not let go.

“The dog protected him as if he were his prey. He attacked him brutally.”

The court heard that when police officers called to the scene were unable to reach Mr McColl, firearms officers intervened and shot the dog nine times with a pistol and once with a shotgun.

Mr Birrell said: “That’s how much ammunition it took to neutralize this big, strong, wild dog.”

The court heard that an examination after the dog’s death revealed there was no food in its stomach but that it had proceeded to eat Mr McColl alive.

Mr Birrell said a second dog, named Malibu, was also shot by police who “took no risks”.

The jury was told Garner avoided police for two days before surrendering on February 26.

Mr Birrell said the text messages showed he had contacted family members and “clarified the situation”.

He said Garner was expected to tell the court that the dog was kept safely in a tool shed, but the prosecution said that was a “lie” and that the dog was only kept on the porch with a latched metal door.

Mr Birrell said Garner knew the dog he was using for breeding was dangerous and told him in a text message it was “missing a few nuts and bolts”.

He said the jury would hear expert evidence that the dog had not been fed for some time.

He added: “The expert will also say that the dog guarded Mr McColl as if he were his prey or food.”

The jury heard Garner kept the female dog inside the house separately from the male and, according to one expert, separating the dogs in this way could make them “irritable and aggressive”.

Mr Birrell said Garner, who now lives in Belle Vale, Liverpool, was an “irresponsible” and “reckless” dog owner.

The jury was shown body images of Pc Chris Cunliffe, one of the first officers on the scene.

Mr McColl was pixelated in the image but could be heard shouting for help.

Mr Cunliffe said in a statement that he saw the dog lying next to Mr McColl.

He added: “I can only describe the dog’s behavior as if it was protecting the toy it had just destroyed.”

He said he could not approach Mr McColl for fear of being attacked.

He said when armed officers arrived he and a colleague used shields and began pulling Mr McColl away from the dog and to safety.

He added: “As we started to pull him away, the dog immediately approached us in what I thought was an aggressive manner.

“This is when firearms officers shot at him several times as we pulled him to safety.”

He later assisted with first aid to Mr McColl, who he said had the worst injuries he had seen in his police career.

The jury for the trial was sworn in on Monday but was dismissed shortly after the trial opened.

Judge Brian Cummings KC said an issue had come to his attention that none of the jurors had “reflected” on.

The new jury was sworn in Tuesday morning. The hearing is expected to last five to seven days.