Daniel Simmons testified Tuesday that he was hit and kicked so many times during his assault at the hands of Walter Kiskaden and two other co-defendants that he still has a problem recalling all of the details of that evening of Jan. 8, when he believed they were intent on killing him.

Simmons’ testimony came on the second day of Walter Kiskaden’s trial on charges of attempted murder, conspiracy to commit murder and assault.

Cullman County Deputy District Attorney John Bryant is prosecuting the case on behalf of the state. Benjamin Traylor, an attorney with The Commerce Legal Center, P.C. in Birmingham, is representing Kiskaden.

Walter Kiskaden, his brother Harold Edward Kiskaden, both of County Road 222, and a third co-defendant, Billy Sharpton, were arrested and charged with attempted murder after allegedly assaulting Simmons with a yard rake and a knife at Simmons’ home on County Road 819 in the Trimble community.

Cullman County Sheriff’s Investigator Jimmy Morrow testified the altercation between the four men appeared to be over a woman. Walter Kiskaden’s ex-girlfriend Mary Jo Perry, was dating Simmons at the time of the incident and was a witness to the assault.

Perry testified it was just after 6 p.m. the evening of Jan. 8. She was on the phone with her daughter, Jennifer Malin, when Walter Kiskaden, his brother Harold and Billy Sharpton pulled up in front of her trailer, which was also the home of Danny Simmons.

Perry said she went outside and started walking toward the truck. She said Sharpton exited the vehicle and walked past her carrying an iron pipe in his hand.

“I told them I had already called the police and Harold said, ‘Why are you doing this to my brother?’ and he started hollering and cussing,” Perry said. “After a few minutes they got back into their truck and I thought they were leaving. That’s when I looked up and saw the headlights to Danny’s truck coming down the road.”

Simmons testified he was at a neighbor’s house inquiring about whether he had seen Kiskaden driving past his house on two other occasions that day, when he heard Perry screaming.

Simmons said he ran and jumped in his truck and headed home. As he approached his house he saw Kiskaden’s truck coming toward him.

“I didn’t see Mary Jo at the time. I didn’t know if she was in the truck, in the yard, in the house. I didn’t know. I saw him (Kiskaden) stop his truck and I stopped. I saw their doors open and I opened my door and got out. I walked toward Walter and asked him what his problem was,” Simmons said. “That was when all three came at me and I backed off.”

Both Simmons and Perry recounted under direct and cross examination how the Kiskadens and Sharpton brutally assaulted Simmons not once, but four different occasions in the roadway and in ditches on either side of the road.

Simmons said he would get knocked down and they would be on top of him hitting him and kicking him, and he was doing his best to fight back.

“I’d hear Mary Jo screaming and I’d get up and then I’d get knocked back down again. I was worried about Mary Jo’s safety so I just kept getting up,” Simmons said.

Simmons testified Harold Kiskaden had a knife and Sharpton had a pipe he used during the altercation.

Asked if Walter Kiskaden had a weapon of any kind, Simmons said he remembers seeing him reach into the back of his truck and take out a rake.

“That was pretty close to the last fight. I stood up. Something was said and I walked a couple of steps toward him (Walter),” Simmons said. “He went to the back of the truck and took out the rake and swung at me. I raised my arm to block it and they all jumped me again. They carried me to the ditch and stomped me.”

Bryant asked Simmons if he attempted to pull a knife in self-defense. Simmons admitted he did try to reach for his pocket knife, which he usually kept in his right pocket. On this occasion, however, the knife was in his left pocket and he never was able to get to it.

“That last time they had me on the ground I tried to get to my knife, but I never did. Someone with a knife shoved it at me. I was able to twist out of the way and it stuck in the ground. I think he thought he stuck it in me,” Simmons said. “This time when they got up, I lay there because I was hurt.”

“Did you think your life was in danger?” Bryant asked.

“Yes sir,” Simmons replied.

“Did you think they were going to kill you?” Bryant asked.

“Yes sir,” Simmons said.

After the fourth and final attack, Perry said Simmons just lay there in the ditch, motionless.

“After Danny got up the third time he was bleeding some. They started hollering at each other again and the three of them took him back into the ditch for a fourth time and beat him. I heard one of them say ‘We got him. He’s dead.’ They got in their truck and left. I thought Danny was dead because he wasn’t moving,” Perry testified.

Under cross examination, Traylor asked Perry if she could recognize Walter Kiskaden’s voice. She responded that she could. Asked if the voice she heard say “We’ve got him. He’s dead,” was that of Walter Kiskaden, Perry said, “No it wasn’t.”

Asked again if she knew who made that statement, Perry said she didn’t know for certain.

Traylor was able to introduce evidence that Simmons has had multiple felony convictions in the past related to a drinking problem, which Simmons admitted to.

“Yes sir. I’ve had three DUI convictions that I went to prison for. I’ve served my debt to society and I don’t drink and drive any more,” Simmons said. “I was sentenced to five years. I served one year and two years parole.”

Attempts to introduce other criminal offenses, however, were squashed by Circuit Court Judge Frank Brunner, who permitted questions related only to Simmons’ DUI convictions.

Traylor was, however, able to introduce testimony that Simmons had been a party to other altercations prior to Jan. 8, both during stints in prison and in the Decatur Jail.

“Were you the aggressor?” Traylor asked.

“No sir,” Simmons responded.

“You got out of your truck and hit Harold Kiskaden didn’t you?” Traylor asked during cross examination.

“Wrong,” Simmons replied. “I didn’t hit anyone until I was jumped.”

The state rested its case Tuesday. The defense is expected to call at least two witnesses today before Brunner calls for final arguments and then sends the case to the jury.