Robert West, Christopher Ponte and Eli Richey often videotape City Council meetings, Portland police arrests and local protests, not afraid to get in the faces of officers or question their tactics on camera. Then they post their videos on social media.

But the three have taken their activism to a new level.

In recent weeks, they've visited the homes of Portland Police Chief Mike Marshman, Capt. Mark Kruger, Sgt. Leo Besner and Multnomah County District Attorney Rod Underhill.

They've shot close-up images of their home addresses and license plates on their personal cars. In one case, West filmed Underhill's son answering the door. They tried to go to the house of Portland police spokesman Sgt. Pete Simpson but had the wrong address.

Prosecutors and police, in response, are leveling a new criminal charge against two of the men and seeking high bails typically reserved for violent crimes.

West and Richey face a misdemeanor -- unlawful obtaining of communications. The charge stems from other allegations that they filmed strangers or private security when told not to.

Richey, also accused of trespass and telephonic harassment, is in custody on $250,000 bail. A judge this week rejected raising West's bail from $25,000 to $100,000, but ordered him to remain at least 20 feet away from police when they're performing official duties.

Ponte faces a temporary stalking order in Washington County for showing up at Kruger's house on July 10.

"We're just trying to get some interviews to ask him about his past,'' Ponte said. Kruger has been the subject of controversy since he nailed memorial plaques of five Nazi-era German soldiers to a tree on the east side of Rocky Butte Park sometime between 1999 and 2001.

James Hayden, a Multnomah County deputy district attorney, said the trio's behavior is escalating.

"We take it very seriously,'' he said. "We think their actions are alarming. We think these actions and visits to officials' homes are intended to intimidate them.''

Hayden said his office hasn't brought a charge of unlawfully obtaining communications until now because it hasn't found a need to use it before.

Under state law, people must give notice ahead of time that they're audio-recording someone before capturing the conversation. The law, however, allows people to record law enforcement officers, public officials in charge of jails, police or sheriff's offices and radio staff without advance notice, as well as government meetings, trials, news conferences, speeches, rallies and other public events.

But the latest encounters are on private property, with the people videotaping on the driveway of an officer or the district attorney's home, and the visits are often accompanied by vulgar remarks, Hayden said.

"These people are behaving differently than the norms of society," he said.

'THIS IS MY HOME ON A SUNDAY'

West has a YouTube channel called "Film The Police 911 Portland.'' Richey goes by the moniker "Son of Hightower'' and listens to a police scanner to respond and videotape police. Ponte founded his own group called "Oregon Cop Block.''

On July 2, West walked up to the district attorney's home and knocked on the door. He videotaped the entire encounter. Underhill's son came to the door and West asked to speak with the district attorney. Underhill quickly came to the door, casually dressed in a blue T-shirt.

"This is my home on a Sunday,'' Underhill responded, holding the door open halfway. "I don't want you coming on my property.''

Underhill told West to leave and to take his friends with him. West asked if he could just ask a question. Underhill said, "No,'' and shut the door. Richey, police said, was present, too. Police received reports that one of the men was wearing a mask at the time.

Underhill has since placed a "No Trespass'' sign outside his home, Hayden said. Underhill declined to comment about the encounter.

West said his behavior isn't harassment, though he acknowledged that he and others have put the district attorney and police "increasingly on edge.''

"Corporate media does it all the time, parking live satellite trucks outside officials' homes,'' he said. He's tried to call Underhill at his office, but the DA doesn't take his calls, he said.

At West's bail hearing, his defense lawyer said West doesn't pose a public safety risk.

"My reading of this is Mr. West is an annoyance to the powers that be,'' said defense lawyer Keith Rogers.

The additional charges and attempts to boost bail won't make a difference, West said. "All it does is piss me off and get me to go do more,'' he said.

Fellow videotaper Mike Bluehair, who often accompanies West and others, said he sees "nothing wrong with citizen journalists going to an elected official's home to try to have him answer questions."

He said he wouldn't post video images of anyone's children on social media, though West said he doesn't edit his images.

Both West and Richey also are accused of unlawfully taping the owner and security officer at a Grocery Outlet store in Southeast Portland on June 29 as police responded to a shoplifting complaint. West and Richey were ordered off the property multiple times but didn't leave until an officer started putting on latex gloves to make an arrest, the prosecutor said.

"At no time did either of them specifically inform anyone there they were being recorded,'' Hayden wrote in an affidavit filed in the case.

As West drove off with Richey in his Toyota Prius, he yelled a parting shot at the officers, Hayden wrote.

West shouted, "We were just at the (expletive) chief's house. We will be at your house next, you coward mother (expletive),'' the affidavit said. "We'll be at your (expletive) kids' school. ... I will be at your (expletive) kids' school videotaping your kids.''

The officers considered West's remarks a credible threat, Hayden wrote.

He also noted that West is currently on probation for disorderly conduct and interfering with a police officer and is a registered sex offender. He was sentenced to seven years in prison after a conviction in 1984 in California for assault to commit mayhem/rape.

Richey is also accused of filming a 21-year-old woman eating a popsicle near the Salmon Street Fountain on July 4 while touching his penis outside his clothing and filming children playing in the fountain despite requests not to, Hayden and police said.

SETTING STAGE FOR AN APPEAL

Mat dos Santos, legal director of the American Civil Liberties Union of Oregon, said Oregon law allows filming on-duty police officers in public places and permits people to film anyone as long they give notice and it's in a public place, such as on a sidewalk.

The prosecution of the cop watchers on the communications charge, he said, could set the stage for an appeal to help clarify what constitutes giving "notice.''

"Clearly holding out a camera to an officer – it's hard for me to understand how that's not clear notice,'' dos Santos said.

The law doesn't allow filming someone on private property or filming into someone's house.

And while dos Santos said he can "completely appreciate the officers' position that having people showing up at your home unannounced can be scary,'' increasing someone's bail to keep them behind bars on misdemeanor charges isn't the way to respond.

Prosecutors should instead, he said, pursue restraining or stalking orders.

A sheriff's deputy who pulled over West's car as it was leaving Chief Marshman's home on June 22 also had some advice for the videographers.

"Whose house did you go to?'' Columbia County Deputy David Peabody asked West, Ponte and Bluehair.

He told them he had received a trespass complaint.

"I think it was Marshman's,'' West replied. "Nobody said anything to us, so we left."

West and the others complained that they can't get access to the chief when he's working. The deputy said he understood their frustrations and admired that they stand for something.

But he told them the chief wanted to put them on notice that they had entered his property without permission and not to do it again.

"As far as going to the chief's house, it's probably not the best idea,'' the deputy told them. "There's probably a better way.''

He let them go on their way. Ponte, of Oregon Cop Block, posted a video of the nearly 19-minute stop on his YouTube channel.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian