An XL bully savaged an 84-year-old man “as if he were its prey”, a court has heard.
John McColl died from his injuries a month after the attack by the dog, called Toretto, which had to be shot 10 times by armed police officers who were called to the scene in Warrington, Cheshire, in February last year.
Sean Garner, 31, admits possessing the banned male dog and a female of the same breed without an exemption certificate, but denies being the owner of a dog which caused injury while dangerously out of control.
On Tuesday, a trial at Liverpool Crown Court heard Mr McColl wandered onto the driveway of Garner’s property in Bardsley Avenue at about 6pm on February 24 2025.
David Birrell, prosecuting, said: “After he entered the defendant’s driveway, the dog attacked him and it just would not let him go.
“People tried to help him. Grown men, with weapons, hitting the dog. But it was no use, the dog would not let him go.
“The dog guarded him as if he were its prey. It savaged him.”
Police officers who were called to the scene could not get to Mr McColl, so firearms officers attended and shot the dog nine times with a pistol and once with a shotgun, the court heard.
Mr Birrell said: “That is how much ammunition was required to neutralise this large, powerful, savage dog.”
An examination of the dog after his death found no food in its stomach, but showed that he had begun to eat Mr McColl alive, the court heard.
A second dog, called Malibu, was also shot by police who “didn’t take any chances”, Mr Birrell said.
The jury was told Garner avoided police for two days before handing himself in on February 26.
Text messages showed he contacted family members and “made light of the situation”, Mr Birrell said.
He said Garner was expected to tell the court the dog was kept securely in a tool shed, but the prosecution said that was “a lie” and the dog was kept on a patio, with only a metal gate on a latch securing it.
Mr Birrell said Garner knew the dog, which he used for breeding, was dangerous and in one text message said 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 tell us that the dog appeared to be guarding Mr McColl as if he were its prey or its food.”
The jury heard Garner kept the female dog inside the house, apart from the male, and, according to an expert, separating dogs like that could make them “frustrated and aggressive”.
Mr Birrell said Garner, now of Belle Vale, Liverpool, was an “irresponsible” and “reckless” dog owner.
The jury was shown bodyworn footage from Pc Chris Cunliffe, one of the first officers to arrive at the scene.
Mr McColl was pixellated in the footage but could be heard shouting for help.
In a statement, Mr Cunliffe said he saw the dog lying down next to Mr McColl.
He added: “I can only describe the dog’s behaviour as if it were guarding its toy it had just ripped apart.”
He said he was not able to approach Mr McColl as he feared he would be attacked.
When armed officers arrived he and a colleague used shields and began to pull Mr McColl away from the dog to safety, he said.
He added: “As we started to pull him, the dog came for us immediately in what I believe to be an aggressive manner.
“This is when firearms officers shot it a number of times while we pulled him to safety.”
He then helped with first aid for Mr McColl, who he said had the worst injuries he had seen in his policing career.
A jury for the trial was sworn in on Monday, but was discharged shortly after the case was opened.
Judge Brian Cummings KC said a matter had been drawn to his attention which was “no reflection” on any of the jurors.
A new jury was sworn in on Tuesday morning. The trial is expected to last between five and seven days.
