Essex

Fatal dog attack prompts claims of neglect

Ashley Warren, a 41-year-old from Jaywick, has entered a not guilty plea in relation to charges stemming from the incident that led to the death of Esther Martin.

A court has been informed by a dog behaviour specialist that the living conditions of two XL bully dogs, involved in a fatal attack on a grandmother, were likely to have contributed to their aggressive behaviour due to the cramped and unsanitary environment.

Two adult XL bully dogs – one light brown and the other black – are playing tug-of-war with a piece of rope, with three puppies trying to join in. They are on a piece of carpet with some wooden furniture next to them. — The jury have been shown footage of some of the XL bully dogs playing with a piece of rope, filmed a couple of weeks before the fatal incident

This testimony was presented during the trial of Ashley Warren, a 41-year-old defendant facing three charges, including two counts of owning or being in control of a dog that caused injury resulting in death while being dangerously out of control.

The incident resulted in the death of 68-year-old Esther Martin, who was caring for the dogs and their eight puppies at Warren's Jaywick, Essex, residence on 3 February 2024, while Warren was away in London filming a music video.

According to evidence presented at Chelmsford Crown Court, the dogs had been neglected, with no walks taken in the four weeks preceding the incident, and none of the animals had received veterinary registration.

Dr Candy D'Sa, an animal behaviour consultant, described Warren's Hillman Avenue property as an environment that was "inadequate in terms of space and resources", posing significant challenges for the care of two adult dogs and their litter, highlighting the unsuitability of the setting.

According to testimony, the weights of the two adult dogs were recorded as 39.2kg for Beauty and 47kg for Bear.

A microchip scan revealed that both adult dogs were still registered to their former owners, while none of the eight puppies had been microchipped at the time.

At three-and-a-half months old, the puppies had not received adequate socialization, as noted by D'Sa during the trial.

D'Sa also described the conditions in which the adult dogs were kept, stating that they were confined to a bedroom with a mattress in a state of disarray, and scratches on the doorframe suggested attempts to escape.

The jury was informed that the puppies' living arrangements were inadequate, with the gated area being too small even for a single puppy or a small breed litter, and the outdoor concrete space lacking grass and sufficient size.

According to D'Sa, the house had significant hygiene issues, with feces found both inside and outside the property, indicating a substantial lack of cleanliness.

On the day of the incident, the court learned that Martin attempted to intervene in a fight between the puppies using a broom, while the adult dogs, which were in a separate room, would have been alerted to the disturbance.

Ashley Warren crosses a street outside court wearing a brown shirt and a black leather jacket. He is looking past the camera. — Ashley Warren left Esther Martin with Beauty, Bear and eight puppies at his home in Jaywick, Essex

D'Sa stated that Beauty, one of the dogs, would likely have exhibited aggressive behavior towards someone she was not familiar with.

The court heard that Bear was standing by a fence on the neighboring property, near Martin, when Beauty charged at the gate, forcing Bear into Esther and causing her to fall onto a counter, where she hit her head.

D'Sa explained to the court that the dogs were likely experiencing extreme frustration due to their confinement in a small space with limited opportunities for physical activity and mental stimulation, leading to a buildup of pent-up energy.

The condition and treatment of the dogs were major factors that influenced their actions and the events that unfolded during the attack.

Earlier in the trial, testimony revealed that police officers used Tasers upon entering the property, after which the adult dogs were euthanized.

When questioned about the possibility of safely removing the dogs from the scene, D'Sa stated that it was not a viable option due to the risk posed to human life.

According to D'Sa, the aggressive behavior of the dogs left no alternative but to take the course of action that was chosen.

The court was informed that the eight puppies were also euthanized at a later time.

Under cross-examination, Allan Compton KC presented testimony from multiple witnesses who stated that Bear and Beauty had never exhibited aggressive behavior towards each other or the puppies, with one witness characterizing Bear as exceptionally gentle.

Esther Martin is wearing a red top and a white cardigan with a flower pinned to it. She is smiling. — The court heard how Esther Martin was left alone with 10 XL bully dogs

Compton also highlighted evidence that the dogs had access to playthings, including tug ropes, which provided them with mental and physical stimulation.

The incident occurred 48 hours after new legislation took effect, making it a criminal offense in England and Wales to possess an XL bully without obtaining a certificate of exemption.

Earlier in the trial, it was established that the defendant had not taken steps to secure a certificate for any of the 10 dogs in their care.

In a statement made a short time before the incident, Warren expressed feelings of being overwhelmed, saying that the dogs had become "too much" to handle.

Additionally, he has pleaded not guilty to possessing a bladed article in a public place without a valid reason or lawful authorization, an offense allegedly committed at Clacton-on-Sea railway station on February 3.

According to Warren, the knife in question was being used as a prop for a rap music video he was filming in London on the same day.

The court proceedings are ongoing.