Gay former San Jose city councilmember Omar Torres will be held without bail, a Santa Clara County Superior Court judge ruled following a November 14 hearing. Torres, who resigned on Election Day as he faced arrest on child sex charges, has entered a plea of not guilty as an initial "procedural step," according to his attorney.
Torres managed to hide from cameras during his court appearance.
Meanwhile, the San Jose City Council is expected to make decisions about Torres' vacant District 3 seat representing the downtown area early next week.
Judge Hector E. Ramon decided that there's "a substantial likelihood a member of the public — in this case, boys under 18 — would suffer great bodily injury if the defendant was released."
Torres was arraigned on three counts of sodomy and oral copulation of a child. Torres' cousin came forward after news reports of Torres admitting in text messages to another man of having sex with a 17-year-old boy.
According to prosecutors, the abuse with the relative started when Torres was 9 years old and the victim was 4 and continued till Torres was 18 and the victim was 13.
Police state that Torres, 43, called the victim to apologize and, in the course of that conversation, claimed to have raped him "20 to 25 times" over the years.
As the Bay Area Reporter previously reported, text messages to an Illinois man about having sex with a 17-year-old at a college site — which Torres maintained were just fantasies — sparked the initial investigation. Those messages were cited by Ramon in his decision.
"If this was ... a hallmark of youth, some exploration, the court would be inclined to release Mr. Torres," Ramon said. However, "there's evidence this sexual interest continues to this day."
Ramon stated that "at-home detention wouldn't stop someone invited to Mr. Torres home, under the age of 18, from engaging in sexual conduct."
Ramon scheduled another hearing at the Santa Clara County Hall of Justice for November 22, at which time his attorney, Nelson McElmurry, can decide the defense needs more time before proceeding with that and a preliminary hearing.
McElmurry stood at the door to a hallway where defendants in custody can stand to be present for hearings while avoiding photography by the press. Multiple news organizations, including the B.A.R., tried to obtain a picture of Torres but none the B.A.R. spoke with were successful.
McElmurry stated to the B.A.R. in a November 14 email after the hearing that, "We have already entered a plea of not guilty which is simply a procedural step and once there is a settlement in place that would likely change the plea but we are not there yet and don't anticipate being there by the 22nd. I understand there is still some investigation going on."
Santa Clara County Assistant District Attorney Bryan Welch told the B.A.R. he thinks Torres' defense will need extra time, given the nature of the allegations and complexity of the case.
"We believe, given the entire record of the available evidence available to the court, that it was appropriate for the court to reaffirm the ruling from last week that Mr. Torres should be held in custody without bail," he said. "The court was analyzing whether the available evidence would support a finding that the charges are true, and the judge looked at the statement from the victim and commented that they were corroborated by the admissions of Mr. Torres when the police conducted what's called a pretext telephone call."
This was the call to the relative when Torres allegedly made his admission of guilt. But that wasn't enough, Welch said.
"When you have conduct that's 25 years old, the court needs to evaluate whether that's an aberration and whether the person who committed the crimes 25 years ago is not the same person standing before the court today," Welch said. "And the court needed to look at any evidence we could present that was unearthed within the last several years [that] would give the court some reason to believe that releasing Mr. Torres at this point would be a danger. ... The court looked at the evidence cited of text messages between Mr. Torres and the individual he reported was extorting him."
Texts support prosecutor's request
Elected in 2022, Torres was the first gay person of color to serve on the San Jose City Council, and only its second out councilmember. A longtime political aide in the South Bay and Democratic Party leader, Torres previously served as an elected member of the board of the San Jose Evergreen Community College District. District 3 includes the Qmunity LGBTQ district.
Last month, the San Jose Police Department confirmed it was investigating Torres on suspicion of seeking sexually explicit pictures of a minor online. For his part, Torres said the allegations were "entirely false" and part of a blackmail scheme waged against him by a Chicago man he had met online.
Then, on October 10, San Jose police released an affidavit. The name of the police officer who signed the affidavit is redacted, but they stated they are currently assigned to the San Jose Police Department Child Exploits Detail/Internet Crimes Against Children Task Force.
The officer stated that Torres initially claimed Terry Beeks, a 21-year-old Chicagoan, had extorted him for $2,500, threatening to release nude photos and videos of the councilmember if he did not pay Beeks, according to the affidavit.
Torres did pay the cash — on that occasion and others, according to investigators. The alleged extortion occurred after Torres made an in-person visit to Beeks during the Democratic National Convention, which was held in Chicago in August, "to discuss their ongoing relationship and find closure."
A subsequent interview with police revealed Torres and Beeks had a virtual sexual relationship for years, and Torres admitted he'd sent $22,000 over that time to prevent texts and pictures from being leaked.
"Beeks texts the victim [Torres] 'How if I send your nudes out' 'They see how small your dick is an [sic] really laughing,'" the affidavit states.
In the course of the investigation, the Chicago Police Department executed a search warrant on Beeks, according to the affidavit, which stated that Beeks told police he and Torres met on social media three to four years prior, and that Torres "sent him [Beeks] a photo of a younger kid that Torres said was autistic. Beeks stated Torres sent text messages talking about the minor's penis size and pubic hair. Beeks also stated Torres had asked him about finding minors."
Another warrant revealed that Beeks and Torres began interacting on Snapchat in 2022, where Torres paid Beeks for masturbation videos. The warrant also revealed text exchanges, such as one on February 24, 2022, when Torres, who does not have a son, sent an image of an 11-year-old whom the councilmember stated was his '"autistic son" and stated "he is like daddy lol he already has a big penis haha."
On March 10, 2022, the two were discussing the penis sizes of Black men — "every black I have sucked had a huge dick," the councilmember stated, continuing that "when I worked at a site at a college I sucked a student in the control room. Black 17 year old and boom. 9.5 inches at 17," according to the affidavit.
Another time Torres asked, "U got any homies under 18." In California, the age of consent for sex is 18.
"I want hella homies u Will see im wild in bed," Torres continued.
In a statement posted to Instagram October 4, Torres claimed he was "wrongfully detained by detectives regarding baseless accusations" and that "I want to be clear that I am the victim in this matter."
"While these attempts to discredit me are deeply troubling, they will not deter my commitment to you and our community," he stated. "Rest assured, I will continue to serve this community with integrity and determination."
New councilmember could be decided Tuesday
Torres held on to his seat — despite his fellow city councilmembers and Mayor Matt Mahan asking him to resign as a recall effort was gathering steam — until November 5, when he was arrested.
In the District 3 newsletter sent to constituents November 13, staff stated that they are "working with the mayor's office ensuring your concerns are addressed while there isn't a present District 3 councilmember."
"Regarding the remainder of Councilmember Torres' term, the Council has a few options: (1) Hold a special election; (2) Appoint a new Councilmember; or (3) Appoint someone while a special election unfolds and the voted Councilmember is sworn in."
District 2 Councilmember Sergio Jimenez suggested in a November 13 email to neighbors that the city appoint a new councilmember because it's "the most efficient and cost-effective solution," according to an email from his office.
That matter will be discussed Tuesday, November 19, at 2 p.m. at the San Jose City Council chambers, 200 East Santa Clara Street.
According to the San Jose Spotlight a number of individuals have already put their hat in the ring, including Planning Commission Chair Anthony Tordillos, who is gay, and stated to the Spotlight there are pros and cons to both the appointment and special election routes. The B.A.R. is in touch with Tordillos, arranging a time for a phone interview.
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