Owner Claims Victim Released Dog Before Fatal Attack

An XL bully dog named Toretto attacked an 84-year-old man, John McColl, on a driveway in Warrington, leading to his death a month later. The trial of Sean Garner, who admits owning banned dogs without exemption certificates but denies responsibility for the attack, is underway at Liverpool Crown Court.

The court heard that Toretto attacked Mr McColl as if he were its prey and would not let go despite efforts by several men to intervene with makeshift weapons. The dog had to be shot ten times by armed police officers to neutralize it. An examination of the dog after its death found hardly any food in its stomach.

Prosecutor David Birrell described Garner as an "irresponsible" and "reckless" dog owner, noting that he knew the dog was dangerous but kept it for breeding purposes. Text messages showed Garner made light of the situation while doctors were trying to save Mr McColl's life. Neighbors testified that the dogs were kept on a patio with only a metal gate securing them.

Garner claimed before leaving home that day he had locked Toretto in a shed secured by a gate with a latch and chain. He suggested under cross-examination that McColl must have entered his premises, opened the gate, and unlocked the shed. Birrell suggested Garner's account was "ludicrous" and that he was "lying".

Garner maintained that Toretto had no history of aggression and was fine with people and other dogs. He described a message to his mother about the dog being 'missing a few nuts and bolts' as a figure of speech, meaning the dog was excitable but not aggressive.

The trial is expected to last between five and seven days, with expert evidence to be presented regarding the dog's behavior and the circumstances leading up to the attack.