San Jose police address Councilman Omar Torres' arrest on child sex crime charges

SAN JOSE, Calif. - Embattled San Jose councilmember Omar Torres was arrested Tuesday on charges related to child sexual abuse.

Torres' attorney, Nelson McElmurry, told KTVU that his client had his office submit a resignation letter on Tuesday and that coincidentally, the arrest happened a few hours later. 

The San Jose Police Department confirmed Torres' arrest on Tuesday, only saying that it was related to, "an ongoing investigation of crimes related to lewd acts with a child." 

The police chief and San Jose Mayor Matt Mahan held a press conference Wednesday afternoon, detailing the allegations and next steps for the Torres' city council seat.

KTVU obtained the criminal complaint, which included three felony charges connected to incidents of sexual abuse that allegedly occurred between 1990 and 1999.

San Jose's police chief said the alleged crimes occurred while both Torres and the victim were minors. The alleged crimes continued after Torres reached adulthood and the victim was still a minor, the chief said.

According to San Jose police, the victim came forward to authorities on Monday. Police say they worked "tirelessly" to investigate and corroborate the allegations.

San Jose Mayor Mahan also spoke Wednesday, saying "the allegations are every parent's worst nightmare."

He went on to say the allegations against Torres are "the most serious charges imaginable".

Mahan said he believes the victim came forward Monday after seeing progress in the case against Torres and felt comfortable coming forward. 

As for Torres' San Jose District 3 council seat, Mahan said the seat will be vacant starting Nov. 27. 

At an upcoming city council meeting, members will vote on the process for a replacement, the mayor said. The next steps may include either temporary appointment by the council or a special election.

Mahan said the earliest San Jose would likely have a new councilmember would be early 2025.

"Either path will take some time," Mahan said.

Torres is being held in the Santa Clara County Main Jail without bail. He's set to be arraigned Wednesday afternoon.

Calls for Torres' resignation have grown in recent weeks after it was revealed that Torres is under investigation by SJPD for child sex crimes. The councilmember initially said these were false accusations. 

Residents have launched a petition to recall Torres as many in the community have said enough is enough and that he is no longer fit to serve. But the recall process could take months and requires signatures. 

Torres' attorney had previously said that private communication between Torres and another man was simply sexual fantasy and role play and that his client was a victim of extortion. 

Immediately after Torres' arrest on Election Night, Mahan reacted to the news.

"I'm completely horrified and angered by the possibility that, contrary to his claims of this being merely outrageous fantasies and role play, he may have in fact harmed children and I need to recognize that there's an ongoing investigation, and he's afforded due process by our laws," Mahan said. "But I'm just completely disgusted by this turn of events, and I'm confident that our police department, our district attorney and their teams are going to ensure that justice is served." 

Councilmember Bien Doan, Torres' colleague, said the police investigation was extensive and that the resignation followed Torres' arrest. 

"This action marks a crucial step toward accountability and I am pleased he has finally stepped down in the best interest of the people of District 3," Doan said. "This is a pivotal moment for our city. We must work together to restore trust in our city council and ensure that the actions of one individual do not overshadow the collective responsibility we have to our communities. The people of our city deserve leaders who are committed to transparency, integrity and service." 

Doan previously told KTVU that he wants to change the city charter so that the city council has the power to vote members out. Before the arrest and resignation, they felt powerless. They were relying on Torres to resign under pressure. 

Since word of the investigation broke, Torres has been silent and largely absent from city council meetings. Last month, he was effectively removed from his appointed positions as his colleagues lost confidence in him. At one point, Mayor Matt Mahan said Torres was "holding his seat hostage" and that he was denying representation to 100,000 San Jose residents. 

In statement, Councilmember Peter Ortiz said he was "appalled" by "the actions that led to his arrest."

"Child molestation is a horrific crime that causes lasting harm to victims and their families, and it is crucial that we prioritize the well-being and justice of those affected by such heinous acts," Ortiz said. "I sincerely hope that the victims receive the support they need to heal and that justice is served for their suffering. I have confidence that our Police Department will diligently pursue justice and ensure that Torres is held accountable for his misconduct.

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