17 April 2026 , 17:03
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The owner of an XL Bully that attacked and killed an 84-year-old man has been sentenced to 12 years in prison.
John McColl was attacked by Toretto, owned by Sean Garner, after he wandered onto the driveway of the pensioner’s home in Warrington, Cheshire, in February last year.
Mr. McColl was on his way home from the pub when he was attacked and died from his injuries in the hospital a month later.
The dog weighed seven stone and four pounds and was shot ten times by police at the scene.
Garner stood trial at Liverpool Crown Court, accused of being the owner of a dog causing injury while dangerously out of control, and was convicted last month.
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He told "bare-faced lies" by claiming Mr. McColl had deliberately let the dog out of the garden after walking up the driveway, jurors heard.
Addressing Garner in court, Mr. McColl’s granddaughter Kelly Percival, 33, said: "Your dog basically ate my grandad, but you and your family don’t care."
Garner, 31, looked down as Ms. Percival read a statement in which she said he had denied her grandfather a "dignified death."
Mr. McColl’s daughter, Joann Percival, 57, told the defendant: "You robbed us of our dad, grandad, great-grandad, but you don’t care and it’s not OK."
Neighbors described using items including a spirit level and a walking stick to try and get the dog away from Mr. McColl.
Audio released by police after the case shows Garner asking for his mother to phone him, saying "there’s police at my new house over the f****** dog."
Following the conclusion of the case, jurors were told they were excused from jury service for ten years after hearing evidence which had been "some of the worst" the judge had "ever heard."
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The 31-year-old, who was described in court as a "selfish, reckless risk taker who couldn’t care less," later described Toretto as "missing a few nuts and bolts."
The jury heard Mr. McColl was on his way home from the pub shortly after 6 pm on February 24 when, for an unknown reason, he entered Garner’s driveway on Bardsley Avenue.
The dog had been left on a patio area which the prosecution alleged was only secured by a gate with a latch. Toretto then launched an attack on Mr. McColl.
In his opening to the jury, prosecutor David Birrell said: "The dog guarded him as if he were its prey.
"It savaged him."
An examination of the dog later found it had no food in its stomach, but it had begun to eat Mr. McColl alive.
The court heard Garner, his then-pregnant partner, and two children, had moved into the semi-detached home three weeks before the incident and told the landlord they had one French bulldog, despite owning two XL bullies and a micro bully dog.
Giving evidence, Garner claimed he took steps to ensure Toretto and the second XL bully, a female called Malibu who was shot when police found her inside the house, were not dangerously out of control.
He claimed the male dog was in a shed which was bolted and padlocked on the patio, which he said had a gate that was secured with a latch and chain.
Garner told the court at the time of the attack he did not know the dogs’ breed, which was banned in 2024, although the court heard he had previously advertised Malibu for breeding as an XL bully on social media.
He said he had not walked the dogs for about ten days but said he had allowed them onto the patio for exercise.
Garner told the court: "I could never imagine that a man who has been to the pub could go up my path on his way home and do what he has obviously done to let my dog out."
The court heard that Garner has previous convictions for driving and drugs offenses.
Mr. Birrell said: "The defendant has convictions which reveal a history of reckless disregard for the law and for safety.
"At the time of this incident, despite operating a recovery business driving up and down the country, he was disqualified from driving."
Lloyd Morgan, defending, said: "Sean Garner does express his deepest sympathy to the family of Mr. McColl for the loss, and the manner of the loss, of their beloved family member."
He said Garner was the primary carer for his partner Lauren Lawler, who had been diagnosed with stage three Hodgkin lymphoma and, when she was ill, he cared for their children.
Money & Markets Editor