Councilmember Omar Torres, who represented District 3 in San José, submitted his resignation from office and was arrested on Nov. 5.
Torres is facing three felony charges following a new victim who came forward on Nov. 4, with corroborated evidence that allegedly shows that Torres molested them for nine years, according to an investigative report from the San José Police Department (SJPD).
This case is separate from an ongoing investigation into Torres that began in September.
The initial and ongoing investigation follows allegations of sexual misconduct with a minor and messages exchanged about underage individuals, according to SJPD.
Torres denied these allegations and claimed the messages were simply fantasy.
Chief Assistant District Attorney Jay Boyarsky said the prosecution understands and cares for victims of sexual assault, following the councilmembers’ arraignment on Wednesday.
“We are in the process of advocating for our community by making sure that this defendant, Omar Torres, is held strictly accountable and can never hurt anyone else ever again,” Boyarsky said.
Torres' defense attorney Nelson McElmurry declined to comment.
The evidence from the new investigation allegedly shows that Torres began molesting this victim when they were 4-years-old and when Torres was 9-years-old, according to the investigative report.
This continued until the victim was 13-years-old and until Torres was 18-years-old, according to the same report.
The alleged assaults took place between the years of 1990 and 1999, and the victim recalled the alleged assaults, according to the same source.
The report from the San José Police Department states that the first time the assault took place they were taken into a closet and were touched by Torres.
The assaults then escalated to performing oral activities and rape, where Torres allegedly told the victim that nobody would believe them if they said anything, according to the same report from SJPD.
Within the evidence was a recorded phone call with Torres where he admitted to raping the victim and forcing him to perform oral activities.
Torres repeatedly apologized during the phone call and said he was also a victim of sexual assault.
When asked how many times he molested the victim, Torres said he would say about, “20-25 times” and said the victim was an “easy target.”
Torres also said he “blacks out” during sex and does not remember much, saying he was on “cruise control” and “autopilot.”
The victim said they learned of the allegations from the ongoing investigation, which gave them the courage to come forward.
The charges for this case include, “Lewd Act On a Child,” “Oral Copulation with a Minor” and “Sodomy on a Child.”
Boyarsky highlighted this testimony does not violate the statute of limitations.
“The law has evolved to recognize the fact that many victims of sexual assault don’t come forward right away.” Boyarsky said. “The law — as it stands now — is that under certain conditions when a victim comes forward the courthouse doors will not be slammed in their faces.”
A statute of limitations is a law that is passed by a legislative body that does not allow legal proceedings and claims to be brought forward after a certain amount of time passes, according to a web page from the Legal Information Institute.
In a press conference on Wednesday, San José Mayor Matt Mahan said as a parent with two children, these allegations are every parent's worst nightmare.
“You don’t have to be a parent to be sickened by the charges against (Torres), which are some of the most serious charges imaginable,” Mahan said.
Mahan said staff working under Torres were incredibly shaken up and are now reporting to him until further notice.
Paul Joseph, the chief of police for the San José Police Department (SJPD), outlined what led to the arrest of Torres and said the investigation is still ongoing.
“Detectives immediately began an independent investigation into these new allegations in parallel with an existing investigation that was underway,” Joseph said. “Members from the San José Police Department’s Internet Crimes Against Children Task Force then arrested Torres in San José shortly after the arrest warrant was issued.”
Joseph praised the victim for coming forward and encouraged members of the community to report to SJPD.
“To the San José community, please know this department will always support survivors of sexual violence and abuse, and need to know that it is never too late to come forward,” Joseph said. “Doing so takes courage, but know you will be supported.”
Torres’ resignation letter states that his last day in office as Nov. 27, according to Mahan.
Torres has been stripped of all of his official appointments and community assignments since the initial ongoing investigation in September.
Typically councilmembers hold their positions for four years, according to the San José city charter.
Mahan said there are two ways to go about filling the vacant seat, and that is to have a temporary appointment, a special election or in some cases both.
A temporary appointment is when the legislative body appoints someone to temporarily fill a vacancy, according to a web page from the Legal Information Institute at Cornell Law School.
In a special election, an election held outside of the general election cycle, typically to fill vacancies or address a specific issue that is still voted on by the people, according to Cornell Law School Law Information Institute.
“Just to set some expectations, either path will take some time,” Mahan said. “The earliest we would have a new city councilmember (is) early next year.”
The Spartan Daily and Update News will continue to follow this story.
