The Canadian Press

Erika Mendieta outside court on Tuesday, Oct. 20, 2009.

TORONTO — A man testified Wednesday that he killed a toddler six years ago, not his former girlfriend who is on trial for second-degree murder.

Johnny Bermudez told the Toronto court the girl's mother, Erika Mendieta, left him alone with 34-month-old Emmily and her younger half brother in November 2003.

He started slapping the children and pushing them down because they wouldn't stop crying.

Eventually, Emmily didn't get back up and had stopped crying, and her pulse was very faint.

When Mendieta came home, Emmily was rushed to the hospital where she eventually died from a blow to the head.

Mendieta was charged more than a year later.

Prosecutors say Bermudez has given contradictory statements since Emmily died and suggested he is lying, trying to cover for Mendieta.

CTV reports that under Canadian law nothing Bermudez said can be use against him, so if police wanted to charge him in Emmily's death, they would have to do an independent investigation.