When Frederick C. Smith Jr. saw his neighbor putting up new boards on a fence that divided their McMinnville properties, it apparently was the final straw.

Smith, 56, told

last week that he and neighbor Steven Graham had been in a dispute over the ownership of the fence for the last two or three years.

Smith claimed he was sure the fence was on his property and that Graham shouldn't touch it, a probable cause affidavit said.

Smith grabbed his 9mm handgun and went out to the fence in his backyard while Graham was there last Thursday, loaded a clip with bullets he bought earlier in the day and racked the gun in front of the neighbor to scare him, the affidavit said.

Smith said Graham told him it was a nice gun. Smith responded by telling Graham that he should leave the fence alone.

Graham soon called 911 and Smith took his gun back inside his house and then drove to the police department to give his version of events, according to the affidavit. Smith claimed he had no intention of actually shooting anyone, but wanted to scare Graham so he wouldn't touch the fence anymore, the affidavit said.

Graham told police that Smith came out of his home with a handgun and told Graham "nobody gonna touch my fence," the affidavit said. After racking the gun, Smith held the gun pointed down at his side and said, "Now what?"

Graham told police that his heart was pounding in his chest as he went inside and called 911.

Smith was arrested and booked into the Yamhill County Jail on suspicion of unlawful use of a weapon and menacing.

-- Everton Bailey Jr.

ebailey@oregonian.com

503-221-8343; @EvertonBailey