Gay San Jose city councilmember Omar Torres resigned from office shortly after his arrest November 5, the City Council confirmed to the Bay Area Reporter. Torres faces three felony charges related to allegedly sexually abusing an underage relative decades ago.
The charges are apparently not connected to a criminal investigation launched by police last month after Torres admitted in a text message to performing oral sex on a 17-year-old.
Torres remains in jail and was arraigned November 6. He did not enter a plea.
His departure means that once again, the Bay Area's largest city is without LGBTQ leadership on its governing body. It remains to be seen if an out person will be appointed to fill the vacancy created by Torres' resignation.
Councilmember Bien Doan confirmed the news as election returns came in Tuesday night. Doan stated that "this action marks a crucial step toward accountability."
"I am pleased he has finally stepped down in the best interest of the people of District 3. I have full confidence in the integrity of the San Jose Police Department and their commitment to conducting a thorough and impartial investigation," Doan stated. "It is now crucial that District 3 has new leadership as quickly as possible. The people of the district deserve to be fully represented, and we must move swiftly to ensure that their voice is heard in the council without further delay. Until then the mayor, myself, and the rest of our council colleagues will continue to do all we can to support the District 3 residents."
Torres, 43, had represented downtown San Jose and the Qmunity District, the city's LGBTQ neighborhood. His election two years ago had ended a 16-year drought of LGBTQ representation on the city council.
The B.A.R. reached out to the District 3 office on November 5, got no answer, and left a voicemail. On November 6, a second call yielded a message that the number had been disconnected and was no longer in service.
Torres made his first appearance in court November 6, arraigned on three counts of sodomy and oral copulation of a child. KTVU-TV reports that the alleged crimes took place over 25 years ago.
Torres' cousin came forward after news reports of Torres admitting in the text messages to another man of having sex with a 17-year-old boy. According to prosecutors, the abuse started when Torres was 9 years old and the victim was 4 and continued till Torres was 18 and the victim was 13.
Police also state that Torres called the victim to apologize and in the course of that conversation claimed to have raped him "20 to 25 times" over the years.
Torres is due back in court November 14.
The Santa Clara County DA's office didn't return a request for comment.
San Jose Mayor Matt Mahan stated, "I'm horrified by the possibility that — far from his claim of outrageous fantasies — he may have in fact harmed children."
"Omar Torres has been arrested on suspicion of committing some of the most serious crimes imaginable," Mahan stated. "I trust our Police Department and DA to ensure that justice is served through the due process afforded by our laws. If you have any information related to this case or other cases involving harm to children, I would ask you to reach out [to] the San Jose Police Department."
SJPD didn't return a request for comment by press time November 6. Neither has Torres' attorney, Nelson McElmurry.
A nascent effort to recall Torres had been gathering signatures to get state approval to go forward. Spokesperson A'Dreana Quevedo stated that "with the resignation, our neighborhoods are now able to move forward and begin the healing process."
"We have faith in the police department, the DA and all involved in this case to see justice through," she continued. "Our neighborhoods now look toward partnering with the mayor and council to determine how to gain back the representation we desperately need."
Torres had already been stripped of his committee assignments by his fellow councilmembers, who had called upon him to resign last month. Torres requested extended leave from the council so he could stay in his seat while missing meetings for a month to focus on his mental health, but the request was rejected.
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.
Last month, SJPD confirmed it was investigating Torres on suspicion of seeking sexually explicit pictures of a minor online. For his part, the councilmember 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."
The Silicon Valley Pride Board of Directors and Qmunity District President Nathan Svoboda joined with BAYMEC Community Foundation in issuing a statement October 25 condemning child sexual abuse and stereotyping of the LGBTQ community. The open letter did not take a stance on the specific allegations against Torres.
The Pride board declined a request for comment for this report. Svoboda and BAYMEC Community Foundation Executive Director Ken Yeager didn't return requests for comment.
Updated, 11/7/24: This article has been updated with new details about the charges faced by Mr. Torres.
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