The present disclosure is directed toward a downhole tool used to free stuck tools in a wellbore and the method of using the downhole tool. The downhole tool includes at least one packer element for engaging a casing in a wellbore. The packer works to isolate one area of the casing from another. The downhole tool also includes at least one slip element for engaging the casing to maintain the position of the downhole tool in the casing or wellbore. Further, the downhole tool includes a mandrel slidably disposed within the at least one packer element and the at least one slip. The mandrel includes at least one port disposed therein above the at least one packer element when the mandrel is in a first position.