An 81-year-old Bokchito resident was arrested Sunday after firing shots at an Oklahoma Highway Patrolmen following a civil property dispute.

According to a Sheriff’s Office report by Brian Carr, Jay Smith had an ongoing civil litigation about the placement of a fence between his and his neighbor’s properties at 158 Phillips Rd. On Sunday afternoon, Tracy Doyle, 46, and his sister Deatra Fox, 40, and James Fox, 46, who both live in Caddo, went onto Smith’s property to move the fence back to its original location.

Highway Patrolmen Steven Nabors was at the scene between 2-2:18 p.m.

Nabors told Carr that as Doyle and James Fox were moving the fence, Smith’s son-in-law, Steven Herring, who also lives at the residence, came out and told them to stop. As they were discussing the property line, Nabors heard a suspect, later identified as Smith, yelling north of their location.

According to the report, Smith removed a handgun from his jacket and pointed it at Deatra Fox, who was sitting nearby on a four-wheeler. She said Smith told her he would “blow her head off.” The men turned around and tried to get Smith to put down the weapon.

Nabors said he told Smith, “Hey, you can’t point a weapon at her,” then Smith turned the weapon towards him and the men and fired a shot in their direction. Nabors said he identified himself as a patrolman and drew his off-duty weapon and returned fire. Smith then fired two more rounds. He fired three rounds total.

Smith was approximately 45 yards south of the disputed property line, Nabors said.

Nabors said he told Smith several times to lay his weapon on the ground, but Smith did not comply.

According to the report, Nabors said he showed Smith his identification and the man got on the ground. Nabors then handcuffed and detained him.

Nabors reported that he called for back-up at 2:20 p.m. No one was hurt during the exchange of gunfire, but Smith complained about a prior back injury and was transported to the Medical Center of Southeastern Oklahoma as a precaution.

Smith was arrested and charged with aggravated assault.

According to the report, OHP investigator Mark Riffe arrived later and said he was taking over the investigation.