San Jose Mayor Matt Mahan and eight members of the City Council are calling on Councilmember Omar Torres to resign amid a shocking sexual misconduct investigation of the District 3 representative involving minors.
While Mahan and the city council members previously limited their comments due the active nature of the case, the release of graphic text messages between Torres and a young man in a search warrant affidavit prompted the mayor and the majority of the council to take a more decisive position Wednesday.
“Given the appalling nature of Omar Torres’ own words and the allegations against him, we believe that he has lost the trust of the community and is no longer able to effectively serve the residents of District 3,” the statement reads. “As his own words call into question his ability to lead and make decisions on behalf of the community, we are calling on him to resign.”
District 5 Councilmember Peter Ortiz, a friend and ally of Torres, did not attach his name to the initial statement released by the city.
Shortly after the announcement, Torres’ attorney, Nelson McElmurry, told this news organization that his client “has no plans to resign.”
“He intends to continue serving his constituents,” McElmurry said. “He has every intention of addressing public concerns, but once the criminal investigation is completed.”
San Jose police detained and served a search warrant on Torres nearly two weeks ago, where it was revealed that Torres faced potential felony criminal exposure for oral copulation of a minor — a felony — and showing abnormal interest in a child.
Although Torres attributed his explicit messages referencing minors to “outrageous fantasy and role play,” councilmembers said they were “deeply appalled” and “sickened” by the search warrant affidavit that included Torres’ texting a young man the description of an 11-year-old autistic boy’s genitalia and asking him, “U got any homies under 18” while the two appeared to plan a sexual dalliance.
While authorities have not charged Torres’ with a crime, the graphic nature of the evidence uncovered thus far has led many people to question Torres’ ability to represent his constituents.
“As this process moves forward, it will be more and more difficult for him to provide services for his constituents,” said Bob Staedler, principal at consulting firm Silicon Valley Synergy. “If it’s an exact U-turn and everything he said was 100% correct, then there’s a chance. But right now, the window is closing for him, and he’s going to have to make some very tough choices. District 3 constituents, at some point, are going to need to meet with their councilmember, and if that is impaired due to the circumstances, I’m not sure what his path forward is.”
Torres has also disappeared from public view since the criminal investigation came to light and has sent staffers in his place to official proceedings.
Along with missing last week’s City Council meeting, Torres did not attend a VTA board meeting, a city Neighborhood Services and Education Committee meeting and a press conference where Secretary of the Interior Deb Haaland announced $4.5 million in funding for the Spartan Keyes Park in Torres’ district. He also failed to show up Friday to the San Jose Downtown Association’s annual meeting where he was scheduled to speak.
“The allegations in the affidavit are shocking and horrifying,” San Jose Downtown Association CEO Alex Stettinski said in response to questions over whether Torres could effectively represent downtown. “The investigation is ongoing and we trust authorities to do a thorough job to get to the truth here. In the meantime, SJDA will continue working with the Mayor, Council and city staff to bring vibrancy and activities to downtown. Downtown San Jose will continue to thrive and we will keep working with our local leaders to make that happen.”
Before the mayor and city council’s call for Torres’ resignation, staff members from the District 3 office put out a news release affirming their commitment to residents.
“Since the day we took office together, our mission has been clear: to serve and uplift the residents, businesses and community leaders in District 3,” the release states. “As your public servants, we are committed to being your bridge to city services and a dedicated partner in addressing concerns throughout our neighborhoods. Whether it’s resolving local issues, navigating city processes or advocating for improvements that benefit our community, we are here for you.”
This is a developing story. Check back for more updates.
