San Jose police are discussing the arrest of Councilman Omar Torres on child abuse charges

SAN JOSE, California. – Controversial San Jose Councilman Omar Torres was arrested Tuesday on charges of child sexual abuse.

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

The San Jose Police Department confirmed Torres’ arrest Tuesday, saying only that it was related to “an ongoing investigation into crimes related to lewd acts with a child.”

San Jose Police Chief and Mayor Matt Mahan held a news conference Wednesday afternoon detailing the charges and the next steps for Torres’ city council seat.

KTVU obtained the criminal complaint, which included three charges related 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 became an adult and the victim was still a minor, the chief said.

According to San Jose police, the victim turned himself in to authorities on Monday. Police say they have worked “tirelessly” to investigate and confirm the allegations.

San Jose Mayor Mahan also spoke Wednesday, saying “the allegations are every parent’s worst nightmare.”

He went on to say that the allegations against Torres are “the most serious allegations 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’ council seat in San Jose District 3, Mahan said the seat will be vacant as of Nov. 27.

At an upcoming City Council meeting, members will vote on the process for a replacement, the mayor said. The next steps could be a temporary appointment by the council or a special election.

Mahan said San Jose will likely have a new council member by early 2025.

“Both routes will take some time,” Mahan said.

Torres is being held without bail at the Santa Clara County Main Jail. He will be arraigned on Wednesday afternoon.

Calls for Torres’ resignation have increased in recent weeks after it was revealed that Torres was being investigated by the SJPD for child sex crimes. The councilor initially said the allegations were false.

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 can take months and require signatures.

Torres’ attorney had previously said private communications between Torres and another man were simple sexual fantasy and role play and that his client was a victim of extortion.

Immediately following Torres’ arrest on election night, Mahan reacted to the news.

“I am completely shocked and angry at the possibility that, contrary to his claims that these are just outrageous fantasies and role-playing, he has in fact harmed children and I must acknowledge that there is an ongoing investigation and that he will receive a fair trial .” according to our laws,” Mahan said. “But I am disgusted by this turn of events and I am confident that our police, our district attorney and their teams will ensure that justice is served.”

Councilor Bien Doan, Torres’ colleague, said the police investigation was extensive and the resignation followed Torres’ arrest.

“This action marks a critical step toward accountability and I am pleased that he has finally stepped down in the best interest of the people of District 3,” Doan said. “This is a crucial 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 out members. Before the arrest and resignation, they felt powerless. They counted on Torres to resign under pressure.

Since news of the investigation broke, Torres has remained silent and largely absent from city council meetings. He was effective last month removed from his appointed positions because his colleagues lost confidence in him. Mayor at one point Matt Mahan said Torres was “holding his seat hostage” and denying representation to 100,000 San Jose residents.

In a statement, Councilman Peter Ortiz said he was “shocked” by “the actions that led to his arrest.”

“Child abuse is a heinous crime that causes lasting harm to victims and their families, and it is critical that we prioritize the well-being and justice of those affected by such heinous acts,” Ortiz said. “I sincerely hope that victims receive the support they need to heal and that justice is served for their suffering. I am confident that our police will diligently pursue justice and ensure that Torres is held accountable for his misconduct.