San Jose Councilman Omar Torres' arrest stems from child sex crime allegations in 1990s, police say
SAN JOSE, Calif. - Disgraced San Jose councilmember Omar Torres made his first court appearance on Wednesday at the Hall of Justice in San Jose.
He hid in a side hallway of Dept. 23 at his arraignment on three felony charges for raping a child. Investigators say the alleged crimes took place more than a quarter-century ago.
"This department will always support survivors of sexual violence," said Chief Paul Joseph of the San Jose Police Department.
He said an adult survivor came forward Monday after seeing media coverage of an ongoing investigation of Torres for alleged child sexual abuse.
The police report details a phone conversation between Torres, his victim, and his victim's wife. At one point, Torres said, "He was an easy target...I hurt him a lot of ways [by raping him]." When asked how many times the crimes occurred, Torres said, "I would say about 20-to-25 times....I'm just dealing with my own....situations of being molested and raped. This is as ugly as it sounds...I am so sorry man. I didn't mean to hurt you."
"These allegations are every parent's worst nightmare. But you don't have to be a parent to be sickened by the charges against Omar Torres," said Mayor Matt Mahan, (D) San Jose.
Armed with this and other evidence, San Jose detectives arrested Torres on Tuesday, charging him with three counts of sodomy and oral copulation of a child. Investigators said the crimes started in 1990 when the victim was four and Torres was nine, and continued until the victim was 13 and Torres was 18.
"The allegations are appalling. The whole situation is tragic and sad and painful," said Councilmember Pam Foley, the Dist. 9 representative.
Torres, serving his first term on the council, penned a letter Tuesday to the full city council and his constituents resigning as the District 3 representative. He wrote, "...With a heavy heart, but I believe it is in the best interests of my constituents and my community."
Torres' attorney, Nelson McElmurry, told KTVU that his client had his office submit the letter and that coincidentally, the arrest happened a few hours later.
San Jose City Councilman Omar Torres' booking photo.
"I knew this was not if, but when the investigation would be concluded and there would be charges," said Councilmember Bien Doan, the Dist. 7 representative.
Experts said the statute of limitations on this cases doesn't apply because of the nature of the alleged crimes.
"What Mr. Torres' defense team is likely to do is start to put together information to say that he doesn't deserve the maximum punishment. That he needs to be treated accordingly because he was a victim himself," said legal analyst Steve Clark.
Investigators said their initial investigation into Torres' alleged sex crimes with children is continuing and may lead to additional charges.
"This office is now moving forward, inspired by this survivor's selfless courage." said Jay Boyarsky, the Santa Clara County chief assistant District Attorney, as he stood outside the Hall of Justice. "If anyone has any information about Mr. Torres, regardless of when it may have happened, please come forward."
The police chief and Mayor Mahan held a press conference Wednesday afternoon, detailing the allegations and next steps for Torres' city council seat. Mahan said the seat will be vacant starting Nov. 27.
Residents launch petition to recall embattled San Jose city council member Omar Torres
Today, a group of San Jose residents and downtown business owners launched launched an effort to recall city council member Omar Torres. They say a police investigation into his text messages, and his three week absence from the city council, show he no longer has his constituents best interests in mind.
At an upcoming city council meeting, members will vote on the process for a replacement, the mayor said. The next steps may include either a temporary appointment by the council or a special election.
"Either path will take some time," Mahan said.
Mahan said the earliest San Jose would likely have a new councilmember would be early 2025.
Calls for Torres' resignation have grown in recent weeks after it was revealed that Torres is under investigation by police for child sex crimes. The councilmember initially said these were false accusations.
Residents 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.
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 Doan 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 is being held in the Santa Clara County Main Jail without bail and is due back in court for a Nov. 14 bail hearing.
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