Sean Garner has been jailed for 12 years after his XL bully Toretto savaged pensioner John McColl to death, while his family posted blame messages about the victim on Facebook as he lay dying in hospital
The “remorseless” family of a man whose XL bully savaged a man to death abused his loved ones on Facebook while he fought for his life in a hospital bed.
John McColl was mauled by the dog, Toretto, which was so violent and powerful police only managed to bring him under control after shooting him 10 times. Sean Garner, aged 31 and of Dinaro Close in Belle Vale, was sentenced on Friday to 12 years in prison after a jury found him guilty of causing the 84-year-old’s death by being the owner of a dangerously out of control dog.
A judge described the pensioner’s suffering as “quite unspeakable” as he survived for five weeks before finally succumbing to his injuries. Due to the horrifying nature of his injuries, many of the details of which are too graphic to report, his devastated family were only able to spend his final moments with him from behind a screen. His daughter, Joann Percival, described how she still relives the agonising weeks in which his loved ones continued to visit the gravely ill great-grandad, whose “awful” injuries were so extensive they were unable to see his face.
The 57-year-old said: “We went in and we weren’t prepared for what we saw. We didn’t see a lot, because he was behind a screen. It was just awful. You relive that all.” Mr McColl was scarcely able to speak during his hospital stay, only occasionally managing to lift his arms as though shielding himself and muttering the word “dog”. Despite medical advice, his granddaughter, Kelly Percival, stepped behind the surgical screen to glimpse his face.
The 33-year-old remembered: “He resembled nothing of my granddad. I had never seen anything at all like it. To think that a dog had done that, and that dog was around small babies as well, it’s just frightening.”, reports the Liverpool Echo.
Mr McColl even endured a 17-hour operation in a desperate attempt to save his life, but simultaneously, Garner’s family and friends were said to have taken to social media to spread false stories and blame the victim of the dog’s vicious attack. Their allegations included that Mr McColl, a retired steel erector originally from Scotland, had entered the garden and let the dog out himself.
His daughter said: “While my dad was fighting for his life, they were abusing us on Facebook and the comments they were coming out with. We were at the hospital with my dad and all they could do was think of lies.”
While Garner maintained at trial he had kept the dog, Toretto, inside a locked shed which he alleged John had broken into, Ms Percival believes her dad was doing the “neighbourly thing” in entering the driveway of the owner’s home, intending to knock on their door and inform the family their dog had escaped.
She continued: “We went through so many different emotions as a family, anger, hatred. As a family, we know there was no intent there. Nobody would have wanted something like that to happen and I know that. But the fact is that they’ve shown no remorse, no empathy, no apology.
“If it had been my dog that had done that, I would have been absolutely devastated and I don’t know how I would have got over that. We’ve had nothing apart from lies, blame and abuse off them. It’s shocking. Sean Garner knows what happened that night and, unfortunately, he’s going to have to live with that for the rest of his life.”
Meanwhile, Cheshire Police’s Detective Inspector Simon Mills described how some officers who responded to the incident on Bardsley Avenue in Warrington in February last year needed counselling afterwards, saying: “In 28 years, these are the worst injuries I’ve sadly seen to anybody.
“I know as an incident, for everybody that attended, and I’m including the neighbours, witnesses, all the attending officers, medical staff, it was just an awful, traumatic incident for everyone involved, right through to surgeons at the hospitals later.”
Det Ins Mills expressed a “lot of respect” for the dignity demonstrated by Mr McColl’s family throughout the past distressing year and said: “They’ve had to endure comments from posts right from the outset, when Garner was first charged, with people taking the side of the dog owner. They’ve not been able to grieve properly.
“They’ve had to hold their emotions throughout the trial, seeing him lie at court and then his family making posts online that I don’t think are pleasant in any way. They’re just victim blaming. I just hope they can move on from this. They can see Garner and his supporters for what they are. But they shouldn’t have to do that.”
The ECHO previously reported how Garner’s partner, Lauren Lawler, took to Facebook to claim her life had been “ruined” due to the actions of the victim who was attacked and ultimately killed by Toretto. In a Facebook outburst she declared “(her) dogs would still be alive now” if Mr McColl “didn’t take it upon himself to go into (her) garden”.
Meanwhile during Garner’s trial jurors were presented with messages from his group chat following the attack, which saw him seek advice from the “Fambo” group chat. His mum, Maureen McGrain, told him: “Say they’re Lauren’s dogs. She’ll get off with a fine and you’ll go back to jail.” A contact saved in his phone as “R Steph”, his sister, sent additional messages saying: “I’d say you’re minding whatever dogs done it for your mate who’s gone Thailand. Don’t know who you would say though.”
Garner’s trial heard that the Crown Prosecution Service had “seriously considered” criminal proceedings against members of the defendant’s family who “encouraged him to lie about the circumstances”, although, ultimately, “a decision was taken not to charge those individuals”. Sentencing, Judge Brian Cummings KC told Garner: “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.
“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.”
The judge added: “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.”
Garner, who was also sentenced for two counts of owning a fighting dog prior to the trial, gave a slight nod as he heard his sentence but otherwise showed no reaction. Supporters in the public gallery were seen giving him a thumbs up as he was escorted to the cells.
Speaking after Garner’s sentencing, Mr McColl’s family expressed their gratitude for receiving justice following the “extremely difficult trial”. They stated: “Sean Garner failed to properly care for his dog and did not keep it securely under control. His irresponsible behaviour directly led to the tragic and untimely death of our John.
“His neglect also resulted in the death of his own dogs. Throughout this process, he has shown no empathy and appears completely unaware of the grief and suffering our family has endured.
“By not taking responsibility for his actions our family has been caused further distress and heartbreak while waiting 12 months for a court case while we should have been grieving. We have had to re-live every moment during a prolonged trial.
“Our dad was a proud, quiet and independent man who simply went about his daily routine. He enjoyed going to the pub to read the paper, have a pint and socialise. He should have been spending his remaining years with family who loved him dearly.
“We still do not know how he initially survived the attack, but we are immensely proud of the strength he showed during his four week fight to survive.”