A courtroom has heard a dramatic account of the moments leading up to a fatal German Shepherd attack that left one man dead and the dog’s owner facing a manslaughter charge.

Lee Ellis, 55, appeared at Bradford Magistrates’ Court following the death of James Judge, also 55, who suffered serious dog-bite injuries during an altercation on a footpath in the Calder Grove area of Wakefield, West Yorkshire.

But amid public concern over the fate of the German Shepherd now being held by police, Ellis’s solicitor offered an account that could significantly change how some people view the circumstances surrounding the attack.

Rather than describing an apparently unprovoked assault by the animal, solicitor Rob Fones told the court of an escalating confrontation between the two men — culminating, according to Ellis’s account, in a physical struggle during which the German Shepherd attacked.

It is important to stress that the account is part of the defence case and has not yet been established as fact at trial.

A dispute on a quiet footpath

Emergency services were called to the old trainline footpath off Blacker Lane in Calder Grove at around 1.30pm on Saturday after receiving reports of an altercation.

Judge had suffered serious injuries after being bitten by a dog belonging to Ellis.

He was rushed to hospital in a critical condition, but despite efforts to save him, he died shortly after 7pm.

The tragedy led to a major police investigation.

Ellis was arrested at the scene and subsequently charged with manslaughter and being the owner or person in charge of a dangerously out-of-control dog causing injury resulting in death.

His German Shepherd was seized and remains in police kennels while the investigation continues.

But the court has now heard more about what Ellis claims happened immediately before the fatal attack.

According to the account presented by his solicitor, Ellis had been walking with two dogs on the footpath close to his home when he encountered Judge.

What followed was allegedly a disagreement concerning the right to use the path.

Fones described it as a “verbal altercation in regards to right of way.”

Ellis then allegedly attempted to walk away.

According to his solicitor’s account, however, Judge followed him.

The phone that allegedly changed everything

The confrontation then escalated further.

Ellis allegedly took out his mobile phone and told Judge that he intended to record what was happening and send the footage to police.

At some point during what followed, the phone fell to the ground.

The situation then became physical.

The court heard that Ellis was behind Judge and was “trying to restrain him” when the German Shepherd launched its attack.

That detail is potentially crucial.

It presents a substantially more complicated sequence of events than the image of a dog suddenly attacking an unsuspecting pedestrian.

Instead, according to Ellis’s version of events, the animal attacked while its owner was physically struggling with another man.

That does not establish that the dog was “innocent,” nor does it determine why the animal attacked. Whether it was responding protectively to the struggle, reacting to fear or excitement, or acting for another reason has not been established in court.

But the alleged sequence raises an obvious question that may become important as the case progresses: did the German Shepherd perceive the physical confrontation involving its owner as a threat?

For now, that remains a question rather than a proven explanation.

Both men called 999

Another striking detail disclosed in court was that both men reportedly contacted emergency services.

Prosecutor Georgina Fishwick said that both Ellis and Judge called 999 following the incident.

Judge reported that he had been significantly injured.

Police and emergency services subsequently arrived, and Judge was taken to hospital.

An initial post-mortem examination was unable to establish the precise number of dog bites he had sustained.

However, the court heard that a bite behind his right knee had significantly contributed to his death.

Police have also appealed for two women who reportedly stopped to help Judge after the attack to come forward.

Their evidence could potentially provide investigators with further information about the immediate aftermath of the incident.

What happens to the German Shepherd?

The fate of Ellis’s dog has inevitably become another focus of attention.

West Yorkshire Police confirmed that the German Shepherd seized during the investigation continues to be held in police kennels.

No final decision about the animal’s fate has been reported.

The distinction matters because the criminal proceedings against Ellis are still at an early stage.

The fact that an animal has caused fatal injuries does not, by itself, resolve every question surrounding the owner’s criminal responsibility or the circumstances that caused the attack.

Investigators will have to reconstruct what happened before, during and after the confrontation.

That could include examining witness testimony, emergency calls, forensic evidence and potentially material from mobile phones.

Ellis appears emotional in court

Ellis appeared in the dock wearing a grey sweatshirt and tracksuit bottoms and was seen wiping his eyes and nose with a tissue during the hearing.

He spoke to confirm his identity and address.

He was not asked to enter pleas to the charges at this stage.

His solicitor nevertheless indicated that the case would be contested, telling the court that Ellis would be taking the matter to trial.

District Judge Mark Daley granted Ellis bail until his next scheduled appearance at Leeds Crown Court on September 16.

One condition requires him to spend every night at his home address.

The manslaughter allegation is particularly serious, but a charge is not a conviction. Ellis remains accused of the offences, and the prosecution will have to prove its case through the criminal justice process.

A case with unanswered questions

The tragedy has left a family grieving, a man facing serious criminal allegations and a German Shepherd in police custody.

But the account presented by Ellis’s lawyer adds another layer to a case that initially appeared relatively straightforward.

According to that account, the fatal attack did not simply begin when the dog encountered Judge.

There had allegedly been an argument over right of way. Ellis says he attempted to leave. Judge allegedly followed him. Ellis then attempted to film the encounter. A physical confrontation followed, and Ellis was allegedly trying to restrain Judge when the German Shepherd attacked.

Whether that account is ultimately accepted by a court remains to be seen.

And crucially, no court has concluded that the German Shepherd was “completely innocent” or established a definitive psychological reason for the animal’s behaviour.

What has emerged is something more nuanced — and potentially more important.

The attack allegedly happened in the middle of an escalating confrontation involving the dog’s owner.

That means one of the central questions hanging over this extraordinary case is no longer simply what the German Shepherd did.

It is what happened between the two men that caused the situation to reach that point — and whether those circumstances explain why the dog attacked.

For Ellis, Judge’s family and the German Shepherd still being held in police kennels, the answers may ultimately come at trial.