An XL Bully owner has been sentenced to 12 years in prison after his dog fatally attacked an 84-year-old man. The judge criticized the breeder for his attempts to mislead the court and for his irresponsible ownership of a dangerous animal. The victim inadvertently entered the owner's property, leading to the tragic mauling by the dog, Toretto.
A judge condemned an XL Bully breeder for attempting to 'contest the incontestable' before sentencing him to prison after he 'tried to lie his way out of it' following his dog's fatal attack on an elderly man.
John McColl, aged 84, lost his life after being mauled by Sean Garner's so-called 'family pet' Toretto, which required police to fire 10 shots before the animal could be subdued. The tragedy unfolded after the seemingly 'confused' pensioner inadvertently wandered into the 'irresponsible' owner's driveway while making his way home from the pub. Desperate neighbours armed themselves with a brush, a golf club and a spirit level in a bid to halt the assault, but their efforts proved futile as the banned breed 'guarded' the elderly victim 'as if he were its prey or food'. Garner, of Dinaro Close in Belle Vale, was alleged to have 'made jokes' in Facebook voice notes while emergency services battled to save Mr McColl's life, having previously described the XL Bully as 'missing a few nuts and bolts'. The 31 year old was unanimously convicted of causing his death by being the owner of a dangerously out of control dog, following a trial concerning the incident at his former residence on Bardsley Avenue in Warrington. Appearing at Liverpool Crown Court for sentencing on Friday, Garner received a 12-year custodial sentence. Presiding judge Brian Cummings KC, who had overseen the trial, declared: 'I am quite sure that you did not take the measures you claimed to have taken. The dog was not kept locked in a shed on the patio. 'On the contrary, I am quite satisfied that the only obstacle between the dog and the outside world was a side gate which was secured by nothing more than a simple latch. That was no sort of barrier for any large dog and was utterly inadequate, more so when you knew that particular animal was unstable, 'missing a few nuts and bolts', as you put it. The measures that you took were so minimal as to be meaningless. 'In all the circumstances of the case, it was eminently foreseeable that the dog would escape from its insecure closure and that it would attack someone and seriously injure or kill them. That is why these animals are prohibited.', reports the Liverpool Echo . 'I am quite sure that Toretto had, in fact, previously displayed aggressive behaviour, and you knew that. It is absolutely the position that the incident could have been reasonably been foreseen. You took no measures to protect innocent members of the public. 'He was 84 years old, a frail old man. This was not some remote rural location. Anyone could have entered your driveway quite legitimately, a postman for example, and found themselves confronted by your animal, or anyone passing by, given that there was no barrier between the street. 'The animal was cooped up in a small, unsanitary patio area and had not been exercised for approximately 10 days. Also, Toretto had not been adequately fed. There was no dog food in its stomach. 'The suffering experienced by Mr McColl was quite unspeakable and really does not bear dwelling on. He must have been in absolute agony. It is not exactly clear how long that ferocious attack went on for, but, for a period of something like 45 minutes, Mr McColl was either under attack or lying on the ground in a state of extreme distress fearing further attack. He suffered for a further five weeks in hospital before he finally succumbed to the consequences of what your dog did to him. 'I cannot accept that you have shown any true remorse. Remorse means being sorry for what you have done, but you have, from the outset, denied any responsibility whatsoever and tried to lie your way out of it. Your expressed concern for Mr McColl and his family is glib and insincere. 'Actions speak louder than words. Your actions involved contesting the incontestable. If there ever was any remorse, it is completely nullified by your offensive lies.' Dressed in a suit in the dock, Garner gave a slight nod upon hearing his sentence but otherwise remained emotionless. Members of the public gallery were observed giving him a thumbs up as he was escorted to the cells, while he acknowledged them with a wave. Garner, who admitted guilt to two counts of owning a fighting dog ahead of the trial, was additionally banned from keeping dogs for 15 years. Prosecutor David Birrell previously informed the court: 'On Monday, the 24th of February last year, at about 6.20 in the evening, John McColl, who was aged 84, entered the defendant's driveway at 1 Bardsley Avenue in Warrington. 'After he did so, the the defendant's dog, an XL Bully named Toretto, attacked Mr McColl. The crown's case at trial was that the dog had been left on a side patio behind a gate which was secured only with a latch. 'Local men, neighbours, heard Mr McColl in distress, and they went to his aid. Those men were armed with weapons, including a walking stick. They repeatedly stuck the dog with their weapons with full force, but to no avail. The dog continued to attack Mr McColl. 'Mr McColl was conscious during this time and calling out for help. The dog displayed behaviour towards Mr McColl which a police dog expert described as resource guarding. 'Police officers attended the scene. The first officers, who were unarmed, arrived shortly before 7pm, but were unable to get to Mr McColl. At about five past seven, firearms officers attended and shot the dog 10 times. It follows that the attack lasted for up to 45 minutes. Firearms officers also shot another dog on the property. 'Mr McColl was taken to hospital, where doctors observed catastrophic facial injuries. He underwent numerous painful procedures, but sadly died five weeks later. 'The defendant avoided the police for two days, during which time his family advised him to lie. There was evidence that he made light of the situation. In interview, he claimed that he kept dog locked in a shed, which the crown's expert said was most unlikely. 'The defendant claimed that neither of his dogs were XL Bullies. He subsequently accepted that they were XL Bullies. At trial, the defendant maintained his version of events in relation to the shed. The jury heard evidence from the expert and a neighbour to contradict him. 'It is the crown's case that he knew the dogs were XL Bullies and knew that the male dog was dangerous and unpredictable. The jury saw text messages which revealed that the dog had injured his mother, had fought with his other dog, could escape from places in which it was kept and was 'missing a few nuts and bolts'. 'The crown's case at trial was that the defendant caused or contributed to the dog being dangerously out of control in a variety of ways, including having the dog at the property in breach of his tenancy agreement, keeping the dog when he knew it to be dangerous, not neutering his dogs as required by law. Had he neutered them, he would not have to separate them 'A separate failure was not feeding the dog properly. The expert opined that the dog was hungry. There was no food in the stomach, only Mr McColl's flesh and some plastic. Another failure was not providing the dog with adequate water and separating the dogs, causing the male to become agitated and display what expert called redirected aggression. 'He had not walked either of his dogs for about 10 days, keeping the dog on an insecure patio. The crown allege a catalogue of failures by the defendant which caused the dog to be dangerously out of control, and thereby caused the death of Mr McColl. 'We invite the court to consider that the harm in this case was truly exceptional. This was a savage attack over a long period. It did not not end there. Unfortunately, Mr McColl suffered for a further five weeks while in hospital. During that time, of course, his family suffered, because they were not able see him. 'The defendant has convictions which reveal a history of reckless disregard for the law and for safety. Notably, at the time of this incident and, despite operating a recovery business, driving up and down the country, he was disqualified from driving.' Mr Birrell had previously addressed the jury the prior month, revealing that Mr McColl had 'for some reason, wandered into the defendant's driveway', further noting: 'We will never know why he did it. Perhaps he was confused. He had been to the pub, although he had not had very much to drink. We will never know.' The jury was informed that one officer was forced to discharge his pistol nine times at Toretto, apparently named after Vin Diesel's character from the Fast and Furious films, while a colleague fired a shotgun at the 'large, savage dog'. Officers subsequently also destroyed a second female XL Bully discovered at the premises to 'not to take any chances'. Giving evidence, Garner maintained he had secured Toretto inside a shed behind a bolted garden gate, having departed his home at approximately 4pm that day. He further alleged that Mr McColl had released the animal prior to the attack. Responding to questions from his barrister Lloyd Morgan, Garner told the court: 'His behaviour was brilliant. If my dog had shown aggression, I wouldn't have had it around my kids. I've got a family. I've got people who would have stepped in and told me to get rid of that dog. He was always fine.' When asked about his reaction upon discovering the incident through news coverage, Garner stated: 'I couldn't believe it. Absolutely devastated. I've looked after old people for years myself. I love old people. I'd never wish this on anybody. I couldn't put into words what happened. I couldn't believe it.' During cross-examination, Mr Birrell dismissed his testimony as 'ludicrous' and labelled him 'cowardly', noting that Garner's pregnant girlfriend had gone back to the scene rather than him. Yet, when questioned again by his own legal team, he maintained: 'I've always took measures to make sure my dog was secure. I made sure I done every step I possibly could do to make sure he was safe. I could never imagine a man who had been the pub would go up my path on the way home and do what he done to let my dog out.' Speaking on Garner's behalf this morning, Mr Morgan told the court: 'He does express his deepest sympathy to the family of Mr McColl for the loss and the manner of the loss of a beloved family member. He does regret his contribution as found by a jury, a verdict he does accept, to this tragedy.' Garner's barrister also highlighted his client's partner's circumstances: 'Your honour knows the position of her treatment for stage three Hodgkin's lymphoma and the assistance provided by Mr Garner. He is the primary carer for his partner and, during her illness, their children. I invite the court not to snuff out any hope of rehabilitation and leave some light at the end of the tunnel for Mr Garner.'
XL Bully Dog Attack Fatal Incident Breeder Sentencing
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