In the second day of trial, Nunez took the stand, surprising the prosecution and testifying as the only witness for the defense. His attorney Fransisco Macias wanted to show the jury Nunez is a loving father, and that he had a very special relationship with his son, Manuel "Little Manny" Nunez, Jr.

"Me and Manny were inseparable," Nunez told the jury.

In his testimony, Nunez recounted all of the events leading up to the fatal rollover crash that claimed the life of his son on Feb. 6, 2007.

He first explained how he had been taking strong medication for a recent back surgery. During his testimony he didn't deny that he had consumed three Bud Light tall boys throughout the day, which are equivalent to six beers. Nunez also said he consumed a regular size beer. He said alcohol helped ease his back pain because the medication wasn't doing enough.

Nunez mentioned to the jury how his son often unfastened his seat belt during trips, and the afternoon of the crash was no different. Nunez said his son was crying over a stomach ache.

"My little boy had taken off his seat belt. I tried to get it back in but there was a penny in there," said Nunez.

The investigation by El Paso police that day revealed Nunez was driving 71 mph in a 30 mph zone.

When prosecution asked Nunez, "Your speed caused you to lose control of that vehicle?" He said, "No sir. What made me lose control was moving the steering wheel."

Nunez told the jury he had been steering with his knees as he hurried to fasten-in his son, and rush him to the restroom.

The defendant took responsibility for his actions when the prosecution asked him, "What happened was your fault? He said, "Yes, sir."

The prosecution also told Nunez, "You shouldn't have been driving if you were under medication, drinking and driving ... This accident was preventable."

Nunez has been at the El Paso County Jail since this crash happened last year.

Wednesday, the jury will decide what punishment he will face. Murder is a first-degree felony with a punishment of five years to life in prison.

Stay with KFOX for the latest on this trial.