Child's Desperate Broom Defence Failed to Halt Fatal XL Bully Mauling
A child made a desperate attempt to stop two ferocious XL Bullies attacking a grandmother by whacking them with a broom, but the brave intervention proved tragically insufficient, Chelmsford Crown Court heard today. The harrowing details emerged during the trial of Ashley Warren, 41, who faces charges relating to the death of 68-year-old Esther Martin at his home in Jaywick, Essex.
Chaotic Scene Unfolded After Puppy Dispute
The court heard how the fatal incident began when Ms Martin tried to separate two fighting puppies, leaving one with a bloody ear. During the commotion, the two adult XL Bullies - named Beauty and Bear - knocked over a suitcase that was holding a bedroom door closed and burst into the room where the grandmother and child were present.
In a recorded police interview, the child described the terrifying sequence: 'Beauty and Bear knocked the suitcases over because the puppies had got into a fight. The dogs have got out and the dogs have started barking... they think something has happened to the pups because she's protective of the pups.'
Broom Defence and Failed Escape Attempt
Ms Martin instructed the child to fetch a broom to push the puppies apart - something they had done successfully on previous occasions. However, the situation rapidly deteriorated when Beauty jumped on the pen gate, pushing Bear into Ms Martin and causing her to hit her head and start bleeding.
'As soon as I got it to [her], Beauty ran and jumped on the [pen] gate and pushed Bear and [he] has hit [Esther] and she's hit her head. She was bleeding from the head,' the child told officers, adding that Ms Martin had also injured herself on a kitchen cabinet handle and cried out 'help me.'
The child attempted to use the broom to control the dogs and return them to their room, but eventually fled in fear of being injured themselves. They ran to their room to retrieve a mobile phone and escaped outside to call for help, only for the front door to blow shut behind them, locking them out of the property.
Previous Concerns and Inadequate Supervision
The court heard that Ms Martin had only been left alone with the child and dogs for short periods previously, typically when Warren and his then-girlfriend Jade McSeveney went shopping. The child expressed concerns about Ms Martin's ability to handle the powerful animals, stating: 'She cannot handle the dogs. They only listen to me when I shout and tell them to lay down.'
Prosecutor Christopher Paxton KC told jurors that the situation represented 'a tragedy waiting to happen,' given Ms Martin's age, mobility issues, lack of dog training experience, and minimal previous exposure to being left alone with the animals for extended periods.
Emergency Response and Police Intervention
The attack occurred on February 3, 2024 - just two days after the Government had made it a criminal offence to own an XL Bully in England and Wales without a certificate of exemption. Warren had not attempted to obtain certificates for any of the ten dogs in the property, the prosecution alleges.
Emergency services faced significant challenges responding to the incident. Police officers arrived at the scene but initially refused to enter the property due to safety concerns, with one officer describing the dogs as being 'in a frenzied state' and believing that entering would risk death or serious injury to personnel.
A friend of Warren's who arrived before emergency services witnessed the two dogs attacking Ms Martin and smashed a window in an attempt to intervene, but was unable to enter due to the animals being completely out of control.
Previous Police Interactions and Breed Misconceptions
The court heard that police had visited the property just 11 days before the fatal attack following a dispute between Warren and his ex-girlfriend about ownership of Beauty. Bodycam footage shown to jurors captured Warren telling an officer: 'It's a shame about the laws' and claiming 'my boy's got papers already.'
Prosecutor Paxton stated: 'If that was a reference to an exemption certificate, that was a lie.' In the same footage, Warren expressed disbelief about public perception of the breed, saying: 'These dogs are so friendly it's unbelievable' and controversially claiming that poodles were more aggressive than XL Bullies.
Property Conditions and Animal Welfare Concerns
A police dog handler who later examined the chalet-style bungalow described it as too messy and small to adequately accommodate two large adult dogs and their litter of eight puppies. Officers noted the absence of dog toys and observed that Bear's long claws suggested the animals were not walked regularly.
Near the sofa, investigators discovered a wooden broom covered in blood and bite marks - the same implement the child had used in their desperate defence attempt.
Legal Proceedings and Defence Arguments
Warren has pleaded not guilty to being the owner of a dog (Bear) that caused injury resulting in death while dangerously out of control in a private place. He also denies being in charge of Beauty when she caused injury resulting in death under similar circumstances.
While Warren accepts that he owned Bear and was in charge of Beauty - who was pregnant with Bear's puppies at the time - and acknowledges that both dogs were dangerously out of control in his house, his defence argues that he reasonably believed Ms Martin was a 'fit and proper person' to be in charge of them.
The prosecution strongly contests this position, emphasising Ms Martin's age, stature (she stood at just 5ft 3in), mobility issues, and limited experience with the powerful animals. Paxton told jurors: 'Given Esther's age and her mobility issues, as well as other factors, Esther was clearly not a fit and proper person to look after these ten dogs in that situation.'
Additional Charges and Trial Continuation
Warren also denies possessing a bladed article without good reason or lawful authority at Clacton railway station on February 3, 2024. The court heard that while he accepts having a knife, he intends to argue that it was a prop for a music video he had been filming in London with a female friend on the day of the attack.
The trial continues with further evidence expected to be presented in the coming days, as the court examines the circumstances surrounding one of the first fatal incidents involving XL Bullies since the breed-specific legislation came into effect.
