A Florida man who claimed his oversized penis caused him to accidentally choke his girlfriend to death during oral sex was found not guilty of murder on Monday.

Richard Henry Patterson, 65, was acquitted of second-degree murder nearly two years after his girlfriend, Francisca Marquinez, 60, was found dead in her home in Margate on October 28, 2015, reported NBC 6.

After closing arguments, defense attorney Kenneth Padowitz said that prosecutors could not make their case, which was dependent on cause and manner of death.

Marquinez died of 'asphyxiation to death', after she allegedly choked on Patterson's reproductive organ during oral sex.

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Richard Henry Patterson, 65 (left), was acquitted of second-degree murder nearly two years after his girlfriend, Francisca Marquinez, 60 (right), was found dead in her home on October 28, 2015

Patterson sat stoned-faced at the defense table as his attorney and the prosecutor wrangled over the role of his manhood

Broward county medical examiner Dr Ronald Wright testified for the prosecution, saying the woman could have died from asphyxiation in the act.

However, defense attorney Ken Padowitz said the woman's death was undetermined, and the associate Broward County Medical Examiner Louri Boiko, who performed the autopsy on Marquinez several days after her death, told the court Thursday for the victim to have choked to death on Patterson's penis, the organ would have had to be lodged far enough down her throat for two to three minutes, reported Local10.

Boiko went on to say if Patterson's penis was, in fact, obstructing Marquinez's airway, there would have been evidence of struggle.

Peter Sapak, assistant state attorney, also asked why Patterson did not call 911 after his girlfriend died

Red in the face: The defense claimed Patterson did not call for help right away because he felt embarrassed

Peter Sapak, assistant state attorney, also asked why Patterson did not call 911 after his girlfriend died.

She had been dead for at least 24-hours when her body was finally found, but more likely 48 or more.

The victim's son, Omar Andrade, 41, previously described Patterson as a 'desperate man trying to avoid being convicted for the crime' to the New York Daily News.

Ahead of Patterson's trial, his penis has emerged as a bone of contention between the defense and the prosecution, with the former seeking to have it shown to the jury and the latter insisting that if presented in court, the sex organ must be erect.

On Monday, shortly before Patterson was acquitted, Padowitz, appeared before Judge Lisa Porter asking her to allow his client to present his male anatomy as evidence to members of the jury panel, reported Local 10.

The request was never granted.

Courtroom fight: Assistant State Attorney Peter Sapak (left) demanded that, if shown to the jury, the penis must be erect, not flaccid. Defense lawyer Ken Padowitz (right) hit out at the prosecutor, saying Sapak was not qualified to make the determination a person can only choke on an erect penis

'I believe it's pertinent,' Padowitz. 'I believe it's relevant.'

But a prosecutor raised some concerns regarding the logistics of such a presentation, namely, the state of Patterson's manhood, which, he argued, was relevant to the case.

'Is it going to be erect, or is it going to be flaccid?' Assistant State Attorney Peter Sapak demanded to know. 'Because the allegation is they're having a sexual intercourse and I'm assuming the size of the penis does matter for the defense.'

Sapak argued that, given that Patterson's defense hinges on the allegation Marquinez gagged on his penis during a sexual act, the penis must be in an aroused state during the courtroom presentation.

Marquinez and Patterson had been dating for only four months by the time her body was discovered between 24 and 48 hours after her death

'A flaccid penis, whether it be a picture or the jury actually seeing it, is completely irrelevant. It needs to be erect.' Sapak pressed.

Marquinez and Patterson had been dating for only four months by the time her body was discovered on October 28, 2015, inside her apartment in the 6700 block of Royal Palm Boulevard in Margate.

Police found the already decomposing body after Patterson called his attorney, Padowtiz, and directed him to summon police to his girlfriend’s apartment.

Marquinez was lying face down on the bed by responding officers, who also recovered a bag filled with paper towels and tissues stained with blood and semen. More blood was found in the unit and on the victim’s hand, reported the station Local10 at the time.

Patterson was arrested a week later on a second-degree murder charge after sending text messages to his daughter and a friend, admitting he 'did something bad and was so so sorry,' and he 'choked Francisca’ because his medications were making him 'crazy.'

His attorney pointed out his client did not say he strangled the woman.

A former neighbor of the couple said Marquinez and Patterson had a stormy relationship and were heard arguing, and on the eve of her death, the woman wanted to break up with her boyfriend.