A DOG used as a 'weapon' to maul a man in Worcester will be destroyed because no suitable home could be found for him.
Kimbo was used by his owner during a savage attack in the city centre but now it is the animal who will pay the ultimate price after a judge ordered his destruction at Worcester Crown Court on Friday.
It had been hoped the Staffordshire Bull Terrier cross could be saved after his owner, Andy Cornes, encouraged him to attack the victim in The Trinity, near Bushwackers, shouting 'get him!' as it inflicted deep bite wounds.
Cornes was jailed for eight years at the city's crown court in September for wounding with intent (section 18) following the attack at around 3.20am on February 3 this year.
The 35-year-old did not attend the hearing on Friday so the order to to destroy the dog was made in his absence.
John Brotherton, prosecuting, said it had been hoped that the defendant's aunt, Kim Thomas, could take the dog but added: "She is no longer prepared to, we're told."
He said there were issues connected either with the garden fencing being raised or Mrs Thomas not wanting the animal anymore.
Police had told her the fence had to be raised to prevent the animal scaling it which the Worcester News understands was too great an expense.
"Regrettably, it's the position we ask for a destruction order of the said animal" he said.
Mark Sheward, for Cornes, who fought to save the dog said: "Mrs Thomas was going to take the dog. She tells me now she can't or won't."
He said after the hearing: "I'm very disappointed we weren't able to save the dog as is the owner to be fair. Unfortunately there was no-one that could take it.
"The lady that had originally said she was able to take it was not in a position to do so and we weren't in a position to resist the application the Crown made."
Judge Robert Juckes QC said: "The only course therefore is destruction." He said there was no alternative order he could make.
"We are where we are regretfully. The application is for the destruction order" said Mr Brotherton.
"Then I shall make it" said the judge.
Cornes was also banned from keeping dogs for 10 years.
We have previously reported how Cornes set the dog on the victim.
Kimbo sank his teeth into the man multiple times, inflicting deep puncture wounds.
The victim also suffered a broken arm though he did not know whether the dog had done this or the gang of four which beat him afterwards.
Bobby Watts and Aaron Abbott and two youths set upon the injured man, kicking and punching him in the head.
Twenty minutes before the attack the victim had expressed concerns about the dangers posed by the dog to a police officer but no action was taken, the court heard.
Andrew Cornes, 35, of George Street, Worcester admitted grievous bodily harm with intent (section 18) and of being the owner of a dog which caused injuries while dangerously out of control.
Bobby Watts, aged 19, of Westmount Road, London admitted assault occasioning actual bodily harm and affray. Watts was also sentenced for unconnected matters from Manchester involving possession of a lock knife and a steak knife.
Aaron Abbott, aged 18, of Solent Road, Worcester (aged 17 at the time of the attack) denied assault occasioning actual bodily harm and affray for his part in the Worcester incident but was convicted after trial at the youth court.
Two youths, who cannot be identified for legal reasons, have already been sentenced to 12 month referral orders for affray and ABH for their part in the attack in the aftermath of the dog attack.
The victim was left with a gaping wound to the armpit, puncture wounds to his arms, a fracture to his ulna (a bone in his arm) and cuts to the right cheek and nose.
The victim was taken to A&E at Worcestershire Royal Hospital where he was treated for seven puncture wounds to his forearm, a gaping wound to his armpit, a broken wrist and bruising to his face.
The defendants were arrested at an upstairs flat in George Street, Worcester where some gave false names and tried to escape.
Since the attack the victim has suffered flashbacks and had been unable to work, complaining of reduced range of movement to his right arm and headaches from where he was kicked to the head.
A later infection resulted in him having to return to hospital and medication caused side effects. The injuries forced him to offer his resignation from a job with a £40,000 annual salary.
Cornes has 115 previous convictions for 58 offences, including an offence of grievous bodily harm for which he received a nine month prison sentence.
He has convictions for assault occasioning actual bodily harm, possession of offensive weapons, burglary, battery and assaulting police officers, robbery and public order offences.
Judge Nicholas Cole said at the original sentencing hearing: "You were quite clearly using the dog as a weapon."
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