City seeks restraining order against police critic
Public TV host videotapes outside officers’ homes
By KEVIN COURTNEY
Register Staff Writer
The city of Napa is seeking a restraining order against a frequent police critic who recently videotaped the homes of three officers for his public access TV show.
Besides showing the homes and giving the street addresses, Jarvis Peay opened his program, “The Jarvis Journal,” with a display of firearms. During the show he utters the phrase “death be my master, guns be my wife” three times.
Napa Deputy City Attorney David Jones obtained a temporary restraining order Thursday morning from Napa County Superior Court Commissioner Monique Langhorne-Johnson, who will hold a hearing later this month to determine if a permanent order is justified.
In the meantime, Peay must stay away from the three officers and their homes and cease to publicize their home addresses.
Peay videotaped the houses of Sgt. Debbie Peecook, Sgt. Tim Cantillon and retired Officer Rudy Ornelas for his November show on Napa Public Access TV. The program was repeated numerous times during the month.
Videotaping homes, displaying weapons and reciting lyrics about guns and death constitute “threatening” behavior against the three officers, Jones said after his court appearance.
The California Penal Code prohibits the disclosure of peace officers’ addresses if done with malicious intent or desire to inflict imminent physical harm.
The city is asking for a special order to stop Peay from harassing Peecook. In her declaration, Peecook said she has had “various encounters with Mr. Peay both during the course of my work and while on personal time that have made me feel personally threatened.
“I am concerned that Mr. Peay will take aggressive or violent action against me or members of my household or visitors in the absence of an order keeping him away from me, my home, my workplace and my vehicle,” she said. “I am also concerned that his conduct may force me to defend myself.”
Peay, who has filed complaints against police, said city officials were overreacting.
“They know me. They know my history. They know I have no — zero — criminal history. How can they be afraid of me?” he said during a courthouse interview.
Peay went on to describe himself as a “morbidly obese 52-year-old man” who does not carry weapons. “They have guns and weapons,” he said of police. “I have nothing but my big mouth.”
Peay said he routinely recites “death be my mistress, guns be my wife” on his TV show. The lyrics, from an Ian Hunter song, “The Hunter,” are a favorite of his, he said.
The weapons flashed at the beginning of his show, before he visited the officers’ homes, are stage props and not dangerous, Peay said.
As for videotaping where officers live, Peay said he wanted to explore whether having a peace officer in the neighborhood depresses property values. In general, peace officers have higher rates of alcohol and drug abuse and divorce, which could negatively affect home values, he said.
During his 25-minute show, Jarvis raised this question, but devoted more time to making cutting comments about the officers’ lifestyles, yard maintenance and, in one case, body size. Half the show is a rerun of a Flash Gordon movie, “Space Soldiers Conquer the Universe.”
Peay said he would argue that the videotaping is protected speech and that he was acting as a reporter.
Why the need to shoot in front of the homes, complete with street address? This is TV, not radio, said Peay, who independently produces his show for Channel 28.
Napa Police Chief Rich Melton said it was unnerving to officers and their families when someone shows up to videotape their homes for a show that includes the display of weapons and death comments.
“I think it would, for anybody, heighten their level of concern,” Melton said. “You don’t like things that occur with your job to be brought into your neighborhood and into the family.”
Peay has been involved with city government in various ways in recent years.
Peay said he had filed several complaints of unprofessional officer conduct over the years against Napa police and the Napa County Sheriff’s Department. In 2002, he accused police of harassing him while investigating a theft from his vehicle.
In that instance, he wrote a letter to the Register suggesting that Napa needed a civilian police review commission. His complaints were dismissed by the agencies, he said.
In 2006, the Napa City Council agreed to pay Peay $7,500 after he complained that confidential medical information had been improperly disseminated by the City Clerk’s office.
That same year, Peay advocated unsuccessfully that the city name a park for civil rights leader Cesar Chavez.
This August he wrote a letter to the editor accusing police of “emotional extortion.” Cops were trying to scare the public about crime so the city would hire more cops, he said.
Before his latest home videotaping, Peay filmed more than a year ago in front of the homes of Chief Melton and former Chief Dan Monez.
Monez, who is now manager of Napa Public Access TV, said Peay questioned how a retired cop could afford such a nice house, but did not give Monez’ street address.
Peay, like all contributors to Channel 28, is able to submit shows on any topic he wants as long as there is no illegal content, Monez said.
In Monez’ opinion, the November video in front of the homes of Peecook, Cantillon and Ornelas was not criminal and Peay could have sued the station if Channel 28 had declined to run it.
Monez said he had fielded several complaints from law enforcement officers about Peay’s November show. “It’s one of those things that you intuitively feel uncomfortable about,” he said. “I do understand the emotional reaction of seeing that on TV.”
Monez said he told one caller, “You can make this guy a celebrity or you can ignore it.” There are plenty of ways that a citizen can find out a police officer’s home address, he said.
Jones submitted a copy of Peay’s show for the court commissioner to review before ruling on the request for a restraining order.
To protect the addresses of the officers, the tape will be sealed by the court so the public cannot view it.
“The tape is in the public domain,” Jarvis told the court. “It’s on the Internet already.”
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