San Jose councilman Omar Torres arrested in ongoing child sex crime investigation

Embattled San Jose councilmember Omar Torres was arrested on Tuesday, according to his attorney and officials. 

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

The San Jose Mercury News reports a slightly different sequence of events and that the District 3 councilmember was arrested on suspicion of child molestation hours after he submitted his resignation. 

The San Jose Police Department also confirmed Torres' arrest, only saying that it was related to, "an ongoing investigation of crimes related to lewd acts with a child." The police department said they would provide more information at a news conference on Wednesday. 

Torres is being held in the Santa Clara County Main Jail without bail. Meanwhile, District 3 has no representation. 

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. 

San Jose Councilman Omar Torres

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. 

Mayor Matt Mahan reacted to the news as it broke on a busy election night. "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 but I'm just completely disgusted by this turn of events and I'm confident thta our police department, our district attorney and their teams are going to ensure that justice is served." 

Mahan said they will look into either appointing a new councilmember or holding a special election. A special election can be costly and time consuming. If there is an appointment process, candidates will be brought in to be interviewed by the city council before the council makes a decision through a vote. 

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. 

Torres' attorney had no further comment at this point. 

This is a developing news story. Check back for the latest details. 

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