When police asked what happened he blamed a dying old man

This Week in Court: When John McColl was killed on the way home from his weekly Monday visit to the pub, Sean Garner set about covering his tracks from a Pizza Hut car park

This Week in Court: When John McColl was killed on the way home from his weekly Monday visit to the pub, Sean Garner set about covering his tracks from a Pizza Hut car park

It was a miserable February afternoon in suburban Warrington, and John McColl was sheltering from the elements in the Hatter pub. The 84-year-old was a “regular Monday customer” who, once a week, would make the short mile-and-a-half journey on the bus to enjoy a Carling and four pints of bitter.

Barmaid Jane Barber remembered him as a “very quiet and private individual” who would only chat to her and another frequenter of the bar, known as “Jaffer”, over trivial matters such as “the weather, and what was going on locally”. Otherwise keeping himself to himself, after around five hours or so, John was on his way back, on the bus, then he would walk the short distance home with what his daughter Joanne Percival would describe as his customary “shuffle”.

Neither he, Jane nor Jaffer could ever have suspected that this would be the great-grandad’s final trip to the pub. Because what awaited him a matter of yards away from his bungalow was an unimaginably traumatic, gruesome and painful death, his agony being prolonged over a five-week stay in hospital until he “couldn’t fight anymore”.

‘This bloke is being ripped apart by this dog’

John’s habitual route home to Mullen Close in Dallam, a former council estate not far north of the town centre, from the bus stop on nearby Harrison Square would typically take him along Bardsley Avenue, past the house of Sean Garner. A convicted drug dealer and a recovery truck driver he would routinely travel across the country in his flatbed truck, despite being banned from driving. Garner had only moved into the property just shy of three weeks earlier with his pregnant partner of 14 years, two young daughters, two XL bullies and micro bully in tow.

It was shortly before 6.30pm on February 24 last year when CCTV cameras affixed to a house across the street from Garner’s new abode captured John slowly crossing the road before briefly pausing beside the high fencing surrounding the front garden as he neared the driveway. Whether he had become confused and taken his planned right hand turn a few metres too early, or maybe noticed an escaped dog and tried to do a good deed by alerting the owner, we will never know.

Whatever the reason, John was seen to take a few final steady paces towards Garner’s house and towards his loose XL bully, Toretto, before disappearing from view. Named after a Vin Diesel character from the Fast and Furious franchise, this muscle bound banned breed weighed in at 7st4lb but had not been fed for up to 10 hours, even then receiving only some kibble for sustenance, and had gone weeks without being walked. Toretto was frustrated, starving and free to roam on a faeces stained patio beyond an insecure garden gate.

Over the road, Victor Ferrier was at home watching TV when he first heard the harrowing screams. He looked out of his window to see a man lying face down on the ground. At first, he suspected that this male had suffered a heart attack. But, then, he saw the dog.

Quickly realising the seriousness of what was unfolding before his eyes, Vic armed himself with a brush before knocking on the door of his neighbour Christopher Burton for backup. “Chris”, he told the other man. “This bloke is being ripped apart by this dog.”

‘I’ve never seen or heard of an incident so horrifying, and I don’t think I ever will’

Suffice to say, many of the details of what happened to John McColl on the driveway of 1 Bardsley Avenue are as graphic as any case which Liverpool Crown Court is likely to hear. Vic would approach the dog and repeatedly hit it with the improvised weapon in his hand but to no avail, vividly recalling in his account at trial: “I could see the dog was chewing on his face. The man was howling and screaming.”

Chris, who had taken hold of a walking stick, told a jury while giving evidence to courtroom 32 from behind a screen: “The dog was chewing on the bloke’s face. It was tearing at the bloke’s face. I struck it once with the walking stick. It was with my right hand, above my shoulder, pretty much as hard as I could, on the head.

“It ran towards me and my mother in the garden. It just run at us. I think it discombobulated the dog a bit. It ran back towards the bloke then. It kept chewing at him, biting his arm. It was mainly his face. I was hysterical. I could not get the dog off the bloke.”

Builder Geoffrey Chadwick would also stumble across this scene of chaos while out walking his three dogs, finding Vic and Chris standing in the road, wielding their respective implements. He said in his evidence: “They looked panicked. I asked Vic what was happening. Vic said, ‘don’t bring them down here’, referring to my three dogs, ‘the owner’s getting attacked by a dog’.”

Having run home and handed his dogs to his wife before taking hold of a spirit level and returning to Bardsley Avenue, Geoff added: “I’ve gone into the driveway where the man was being attacked. I’ve seen the man on the floor, lying on his back. The dog was laid next to the man’s head and was either licking or chewing his head. The man was saying, ‘help me’. I thought the man was dead at first, until I heard him ask for help.

“I was in shock at first. I just remember thinking to myself, ‘what the f***?’. When I heard the man say ‘help’, I’ve hit the dog on the head with the spirit level and told the dog to get away. It turned to me and started to walk towards me. I hit it again on the back with the spirit level. The dog then turned around and lay down near a black car on the driveway. The man was still lying on the floor.

“I’ve taken my jacket off and put this over the face of the man to try to stop the dog attacking his face again. I told him not to move and that the police were on the way. The man kept saying ‘help’ and making moaning noises.”

Chris called 999 and police quickly rushed to the area, but officers grew concerned that approaching John to deliver the emergency assistance that he so obviously needed would spark a further savage assault by the XL bully. Footage from the body worn camera of one PC capturing the OAP’s distressed cries as he was reassured: “Stay still mate. We’re getting you some help.”

One, PC Chris Cunliffe, would later tell the court: “I can only describe the dog’s behaviour as if guarding its toy that it had just ripped apart. The sound of Mr McColl’s screams was horrific. I don’t believe he even knew we were there. He couldn’t see or hear us.

“These were the worst injuries I’ve ever seen in my policing career. I’ve been in policing eight years and have never seen or heard of an incident so horrifying, and I don’t think I ever will.”

Armed police would arrive around 15 minutes later, having been scrambled from the East Cheshire area, and shot the XL GBully 10 times – nine rounds from a pistol and a single shotgun blast. The firearms officers also shot dead a second XL bully, Malibu, who was found inside the kitchen of the family home so as to “not to take any chances” while conducting searches of the address.

Amongst this scene of devastation, police began the task of locating the absent owners. Over the phone, Garner was informed of a “really serious” incident at his address and implored to “come home ASAP”. Instead, he met his girlfriend at Pizza Hut.

The Pizza Hut plot

While the call from officers at the scene did not go anywhere close to fully divulging the horrors that had unfolded at his home, Garner’s response was to sound the jungle drums in his “Fambo” WhatsApp group by telling his relatives in a panicked voice note: “Anyone, get me mum to phone me. Anyone in the chat, get me mum to phone me ASAP.

“She’s not answering the phone. There’s all police at me new house over the f***ing dogs, saying I’ve got an hour to get back. Malibu’s been involved in a serious incident. Don’t know what the f***’s happened.”

Regardless of exactly what had happened back at Bardsley Avenue, it was immediately clear that Garner was about to find himself in some very hot water, not least because neither of the XL bullies had been registered and exempted since a ban on the breed came in during 2024. But his family were quick to chip in with some helpful suggestions about what he might want to do next.

First, his mother, Maureen Garner, messaged him back and, referencing his partner Lauren Lawler, told him: “Say they’re Lauren’s dogs. She’ll get off with a fine and you’ll go back to jail.”

His sister Stephanie meanwhile posited to the WhatsApp group: “I’d say you’re minding whatever dog’s done it for your mate who’s gone Thailand. Don’t know who you would say though.”

While Garner did not take either course, he similarly did not heed the police officer’s advice and head straight home. Instead, he arranged to meet his expectant girlfriend on a retail park car park around half a mile from the scene, where he was seen to park his flatbed truck next to her car for a brief chat and to allow him to hand her his mobile phone, hers apparently being out of action.

Ms Lawler, with the kids in the back of her Ford Puma, then drove the short distance home, where she would ultimately be arrested and kept in custody for more than 24 hours. Garner, however, remained absent, briefly heading to the general vicinity but keeping himself at arm’s distance as a passer-by showed him a video of gunshots ringing out in the dark, captured on a mobile phone from the upstairs window of a nearby property.

He ultimately failed to show his face, and would later claim it was due to being banned from driving and worried that this would result in him ending up in custody. Instead he returned to Junction Nine Retail Park, connected his partner’s broken phone to Pizza Hut’s Wi-fi and began sending a series of Facebook messages, first telling his mother-in-law: “Dog’s been shot, I think.”

Garner then went on to send a series of voice notes to his sisters, the contents of which could not be recovered by police after seemingly being deleted. Stephanie however responded to these audio files: “Oh f***inell. Wtf. They won’t arrest Lauren. She’s pregnant.

“Bet someone’s reported them, then they’ve tried to attack them. Was they both outside? Horrible b***ards la, shooting her. Was they both outside yeah, or in the house?”

With Garner having sent her a further, apparently joking, voice note while medics were fighting to save Mr McColl’s life, Stephanie then replied: “Hahahaha. Ffs. Literally though.”

It was two days later, at lunchtime on February 26, that Garner eventually handed himself in at Runcorn Police Station, leaving the mother of his two children and a third on the way to come to face a grilling from detectives in the interim. He later claimed that he believed police would be meeting him at his mother-in-law’s house in Belle Vale, in spite of their crystal clear instructions that he should return home, then sought legal advice the following day, with his lawyers having supposedly told him to wait 24 hours before giving himself up.

Upon being arrested, he displayed brief concern for the man fighting for his before turning to the truly important topic, namely his own wellbeing. He asked officers: “Can I ask you a question? Is the fella alright? I weren’t even there mate. We were both at work, and it just happened. It’s turned my life upside down. I hope he’s alright.”

Under interview, Garner described Toretto, who he had rehomed around five years earlier as a puppy, Malibu and his third dog, Moochie, as “family pets” and said: “They’ve been around my kids their whole lives and not shown any aggression. They’ve never showed anything towards myself or anyone I know, otherwise I wouldn’t have them. I’m not that type of person.”

Garner was then said to have become upset and tearful as he added: “I just wouldn’t do that. It’s not me. Do you know what I mean? I just don’t know what’s happened. I just don’t know.

“I’ve been at work. I’ve been at my girlfriend’s mum’s having my tea. It’s turned my world upside down. This has come as a shock out of nowhere. It’s just come from nowhere mate. I wouldn’t wish this on anybody.”

Garner’s claims of bemusement, however, belied further text messages from a year prior which were also recovered from his phone, which appeared to hint at Toretto having previously injured his mum, fought with Malibu and escaped from a former home address. He also labelled his dog a “stink” and observed that he was “missing a few nuts and bolts”.

But, during his time in custody, Garner would set out how, having left home shortly before 4pm on the day in question, he had supposedly left Toretto inside a locked shed, keeping the key in the padlock beyond a gate which he stated he had secured using a chain, the two XL bullies being kept separate due to the female, Malibu, being in season. He added: “I’ve always had dogs for years. I’ve never had an incident, ever.

“I’m up and down the country every day, always leaving my dogs alone. I’ve never had an incident where they’ve got out. I always make sure I lock everywhere securely before I leave the premises. I’m not gonna lie. I’m terrified. In my knowledge, he can’t get out. He’s safe and secure in that garden. I’ve left him like that for days before and he hasn’t got out.”

Meanwhile, Mr McColl spent the following weeks in both Aintree and Whiston hospitals, but, ultimately, the devastating injuries to his face were too great for a man of his age to overcome. On Sunday, March 30 2025, a month and six days on from that fateful journey home from the pub, John “decided he couldn’t fight any more” and died, surrounded by his family.

The Instagram page, an RSPCA probe and ‘ludicrous’ victim blaming

Sean Garner had made a stupid, fatal mistake. In spite of his claims under interview, the evidence was plain that he had left Toretto loose on his patio beyond a side gate that was not locked, with its latch easily navigated by the flailing paws of any large dog.

While the consequences of his actions were foreseeable, he had certainly never intended for any of this to happen. As such, after John McColl’s death, a decent man might be expected to hold up his hands and accept his responsibility. But Garner was nothing of the sort, and he did nothing of the sort.

Instead, he forced his victim’s family to endure a trial where, over the course of a week, they would hear every last brutal detail of how he met his end, much of which proved too graphic for the ECHO to report. But he even went a step further, attempting to pin the blame on Mr McColl, a “frail old man” who had “never been in trouble before and didn’t like dogs”, by suggesting that he had, for some unknown reason, entered his back garden and freed the XL bully, a “ludicrous” account which led prosecution counsel David Birrell to squarely ask him: “What planet are you on?”

Although Garner maintained that he had kept the XL bully well fed and watered, a vet who later examined Toretto found only “numerous fragments of human remains” and “small bits of plastic in his stomach”, with no dog food in his stomach. Stuart Davidson, a dog legislation officer with Merseyside Police and former police dog trainer, who was called to give evidence during the owner’s trial estimated that he had not been fed for “a good 10 hours” at the time.

Of the effects of such hunger upon a dog, the expert witness said: “They will look for something to satisfy that hunger inside them. The dog will become frustrated. A way of getting that out of its system is, it will attack. It will become aggressive. It could find something on the floor and bite it and chew it. XL bullies have very strong jaws. They will use that aggression to bite and rip. They will also focus on anything that comes nearby, just because they are pent up and aggressive, they have got to have that release.

“If the dog has something, it will guard that as a prize. It has won that. It has got hold of that, and it is going to keep hold of it. It’s almost like having a toy. It wants to keep hold of it and will stop anybody coming to take it off it. There was mention of the dog going forward but then returning back, basically to stop anybody going near what, obviously, the dog had as his prize.

“It has just torn and swallowed, torn and swallowed. There was no chewing that took place. The dog, in my opinion, was in a state where it just wanted to get something inside its stomach.

“There was no visible sign of water, no visible sign of food, nothing to enrich the dog, no toys. There didn’t appear to be a suitable place for the dog to move itself so it could be comfortable. There was the shed, but that wasn’t a suitable area for that dog to be comfortable.

“There was also mention of another dog, being moved away from that dog and the dog being wound up and agitated with regards to that. The dog was frustrated because it didn’t have anything to occupy itself.”

Yet Garner remained steadfast in his denials that he was more than a fit and proper dog owner and, indeed, something of an expert himself, telling the court from the witness box under questioning from his own barrister Lloyd Morgan: “I worked at a dog fertility clinic, breeding dogs. I used to help in the breeding of dogs, the collection of semen and analysis to ensure they had enough swimmers to breed the dogs. I used to manage and control all different types of dogs in the clinic, from chihuahuas all the way to Great Danes.

“I grew up with dogs from the minute I can remember. My mum owned bull breeds from when I was growing up. As soon as I moved out, the first thing I done was buy a bull breed dog. That’s when I was 17. I’ve owned a dog all the time, since I was 17 to the present day. I used to breed dogs. To be honest, dogs were my hobby. The dogs were my life.”

Of Toretto, Garner added: “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 perfect around other dogs. He was fine with adult human beings. I used to take him into work in the dog clinic. He was around the public, other dogs, around customers, people who he didn’t know. He was always fine.”

Jurors also heard that Garner had previously bred his dogs while living at a property in Hale Village, with Malibu having had three litters of puppies and Toretto been used as a stud. However, he maintained that he had been unaware that either were XL bullies, despite having promoted the former dog as such on his Instagram page “Little and Large Bullies”.

This was also said to have led to him being reported to the RSPCA by neighbours who complained about his dogs barking, although this ultimately led to no further action being taken against him. While Garner stated that he “didn’t make much” money from breeding, he and his young family later moved to Huyton before, in anticipation of their new arrival, seeking a “bigger house” and “better life” in Warrington.

But, dishonest by nature from beginning to end, he neglected to mention his XL bullies in his tenancy agreement, instead claiming that he would be keeping only one dog, a French bulldog, on the property. He would cite “discrimination” from landlords as the reason for this addition to his growing pile of untruths.

Under cross-examination from Mr Birrell, Garner went on to accept being a “coward” by allowing his girlfriend to return home in his place but denied having “planned and plotted lies” with his family, adding: “I haven’t done anything. I haven’t lied once. I’ve told the truth from the very start.”

‘This could have happened to anyone’

It took only two hours and 13 minutes of deliberations for the jury to find a suited Sean Garner unanimously guilty of causing John McColl’s death by being the owner of a dangerously out of control dog. Telling his supporters “love yous all” as he entered the dock prior to the verdict, he ultimately showed no reaction as he was found guilty, while family members gasped, burst into tears and held their heads in their hands.

The 31-year-old, of Dinaro Close in Belle Vale, will now be sentenced next month. He perhaps received an indication of the sort of term that may await him via another case at Chelmsford Crown Court the very same day, when aspiring rapper Ashley Warren received 10 years in prison after his XL bully, Bear, mauled his mother-in-law to death.

While Garner’s barrister sought to have his bail extended until this date, he was instead remanded into custody and warned that he faces a “substantial prison sentence”, being told “love you Sean” by one woman as he was led to the cells. Judge Brian Cummings KC meanwhile excused the jurors from further service for 10 years due to the harrowing nature of much of the evidence.

Mr Birrell also revealed that the Crown Prosecution Service had “seriously considered” criminal proceedings against members of Garner’s family who “encouraged him to lie about the circumstances”, although, ultimately, “a decision was taken not to charge those individuals”. By contrast, the trial judge paid homage to the “dignity and restraint” of Mr McColl’s loved ones during the case, with many having surrounded Cheshire Police’s Detective Sergeant Emily Cole outside the Queen Elizabeth II Law Courts following Tuesday’s verdict as she said in a statement: “The circumstances of the case highlight the very reason 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. 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 entered that driveway that day, whether that be a postal worker, delivery driver or simply 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. 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.”

Read Full Article