A preliminary hearing date has been set in the case of disgraced gay former San Jose city councilmember Omar Torres, accused of child sex crimes. The case will move forward after efforts to resolve it have, so far, been unsuccessful.
Santa Clara County Superior Court Judge Cynthia A. Sevely set an April 28 date for the hearing, which will determine if there's enough evidence to go to trial. The hearing will be in Department 24 of the Santa Clara County Hall of Justice at 8:45 a.m.
Torres reiterated his plea of not guilty.
Sevely told Torres that if he doesn't appear on that date, he waives his constitutional and statutory rights to confront his accusers. The timing means his legal troubles will continue to linger over the special election to fill out the remainder of Torre's term through 2026, set for April 8.
Santa Clara County Deputy District Attorney Jason Malinsky, who is prosecuting the case, had told the Bay Area Reporter in a February 14 phone call after the last hearing that "either the case will resolve, meaning he will enter a plea and resolve his case with a sentencing date to be set, or we will set it for preliminary hearing."
Torres' attorney, Nelson McElmurry, stated discussions between the sides are ongoing. McElmurry and Torres did not speak during the March 3 hearing other than to state appearances and set the hearing date.
Asked if discussions were ongoing, or if the trial setting was a sign that was no longer the case, Malinsky told the B.A.R. in a phone call March 3 that "as a general matter, parties can always continue to negotiate with a pretrial hearing and a trial date set."
McElmurry had told the B.A.R. back in November, "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 [November] 22. I understand there is still some investigation going on."
The San Jose Spotlight reported McElmurry saying more recently that, "Omar has shown from the beginning he's willing to accept responsibility, and we want to make sure it's fair or proportionate to the nature of the charge."
Torres was charged with 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 B.A.R. 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 Santa Clara County Superior Court Judge Hector E. Ramon in his November decision to hold Torres in custody without bail.
"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."
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. The council's District 3 seat includes the Qmunity LGBTQ district and much of downtown San Jose.
Until the special election for Torre's council seat is decided, Carl Salas is serving as the interim appointed councilmember after being selected by the current councilmembers in January. One of the leading candidates is Anthony Tordillos, a gay man who is chair of the San Jose Planning Commission.
Investigation
Last October, 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."
Updated, 3/4/25: This article has been updated with comments from Omar Torres' attorney.
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