Omar Torres Faces 3 Felonies, Including Child Molestation

Updated 4 p.m. Wednesday

Note: This story has been updated to include Wednesday’s arraignment and details from the charging documents.

Former San José Councilmember Omar Torres, who resigned Tuesday under multiple active police investigations, is facing three charges of child molestation stemming from when he was a young man, authorities said Wednesday.

Torres is accused of sexually assaulting a teenage relative over a period of weeks in 1999 when Torres was 18.

Torres, 43, is facing charges of sodomy, oral copulation, and lewd and lascivious acts on a minor under the age of 14, according to charging documents the Santa Clara County District Attorney’s Office filed in court.

In a shocking police report, investigators say Torres admitted to the crimes during a phone call with the victim earlier this week that police recorded.

“From the bottom of my heart, I’m so sorry that I hurt you,” Torres said to his alleged victim during the call, according to the police report. “I’m in intense therapy right now to, you know, to work on myself, and I haven’t stopped thinking about the harm that I caused you.”

Torres was arraigned in court in San José Wednesday afternoon, staying mostly out of view of the courtroom in a hallway where people in custody wait to appear in court. He is being held without bail, and his next court hearing is scheduled for Nov. 14.

The case brought by prosecutors only surfaced this week, when Torres’ alleged victim came forward to police to share their account of the abuse from Torres that they allegedly endured when they were both minors, which continued when Torres aged into adulthood.

The victim alleged that Torres’ abuse began when they were only four years old and continued for nearly another decade.

It is a separate case from the ongoing and parallel police investigation into Torres for different allegations of sexual misconduct with a minor, which has been active since late August, authorities said Wednesday.

“Please know that this department will always support survivors of sexual violence and abuse and need to know that it’s never too late to come forward,” San José Police Chief Paul Joseph said during a news conference on Wednesday about the arrest. “Doing so takes courage, but know that you will be supported.”

Chief Assistant District Attorney Jay Boyarsky expressed gratitude to the person who reported the alleged assault.

“Sometimes people look askance at survivors who come forward years after they were victimized and wonder what took them so long to come forward. As a sex crime prosecutor, I’ve spoken with many of these survivors. They are heroic,” Boyarsky said.

“Many have lived with the pain and suffering inflicted upon them for decades, often wondering, ‘Is there anyone they can talk to? Is there anyone that will listen to them? Will anyone understand?’ We understand, and we care. We understand perfectly why they keep the violent crimes against them secret. We understand the incredible courage, the strength that it takes to finally come forward,” Boyarsky added.

Mayor Matt Mahan said he and the entire city council are “absolutely horrified” at the allegations against Torres.

“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, which are some of the most serious charges imaginable,” Mahan said.

He credited the police department for its investigation of the prior allegations against Torres and said he believes the alleged victim in the current case felt comfortable to come forward because of the diligent work by investigators.

“I have full faith in our police department and the district attorney’s office to get to the bottom of this case and ensure that Omar Torres is held accountable if proven guilty,” Mahan said.

Torres — who had been under mounting pressure to resign while being investigated on the prior allegations of sexual misconduct with a minor — submitted a letter of resignation to the city late Tuesday afternoon, and police arrested him the same day.

It’s unclear if Torres knew he would be arrested Tuesday. His resignation letter, addressed to his council colleagues and constituents, was received by the city clerk’s office around 5:30 p.m. Tuesday, according to a copy obtained by this news organization.

“After careful consideration, I have made the difficult decision to resign from my position as Councilmember, effective Nov. 27, 2024. This choice comes with a heavy heart, but I believe it is in the best interest of my constituents and my community,” Torres wrote in the letter.

“Serving the people of San José has been one of the greatest honors of my life. Together, we have shared victories, tackled challenges, and strived for a more resilient community. I am humbled by the trust you placed in me and forever inspired by the passion and resilience of our district,” Torres wrote.

Torres’ attorney, Nelson McElmurry, and Torres’ chief of staff, Kiara Arreola, both did not immediately respond to requests for comment on Wednesday.

Mahan, in an interview on Tuesday night, said it was “past time” for Torres to resign.

“I’m glad that his final decision as a councilmember was the right one, which was to resign for the sake of the community,” Mahan said. “And it’s time for us to move forward and ensure that the residents of District 3 have representation that they can trust, that they have faith in, and that is going to be able to come to work every day and focus on their needs.”

District 7 Councilmember Bien Doan shared a similar sentiment on Tuesday night.

“It’s about time,” Doan said of Torres’ resignation. “It’s about time that he allows the community to heal. It’s about time he allows trust and integrity to go back to city hall. It’s about time in his life to do the right thing.”

Mahan said he hoped to see a special election held to fill the District 3 seat so that candidates can face scrutiny from the public and the press.

Before his arrest and resignation on Tuesday, Torres had not been formally charged with a crime and denied any wrongdoing consistently, as allegations surfaced in early October and later that month as more details were revealed in a police affidavit supporting a search warrant.

In that affidavit, police said they were investigating Torres on suspicion of oral copulation of a minor and abnormal interest in children, a felony and a misdemeanor, respectively.

Police first started looking into claims from Torres that he was being extorted by a 21-year-old man from Chicago, Terry Beeks, with whom Torres had an online sexual relationship.

However, the investigation seemed to turn to focus on Torres after police found texts from Torres to Beeks in 2022 describing the genitalia of an 11-year-old boy and writing that he had performed oral sex on a 17-year-old boy while working at a college.

In another text exchange with Beeks about having a sexual encounter, according to the affidavit, Torres asked, “U got any homies under 18.”

McElmurry, Torres’ attorney, did not deny the authenticity of the texts but previously characterized the conversations as “outrageous fantasy and role play.”

It’s unclear if the charges Torres was arrested for on Tuesday are directly connected to the details revealed in the affidavit.

Torres has been absent from public view since the investigation into him was first revealed. He missed meetings of the city council, committees and other regional boards and commissions he serves on.

All of his council colleagues, including Mahan, have called for him to resign and later voted to strip Torres of his committee and commission assignments.

A group of residents and business owners in Torres’ district, including Mahan’s deputy chief of staff Matthew Quevedo, pledged on Oct. 25 to begin a recall campaign against Torres if he didn’t resign.

KQED’s Juan Carlos Lara contributed to this report.