Disgraced former San Jose Councilmember Omar Torres has been sentenced to 18 years in prison after pleading ‘no contest’ to child molestation charges in April — a final turn in the shocking saga that rocked City Hall and Silicon Valley’s political scene.
Torres listened, while his family looked on, as Superior Court Judge Cynthia Sevely read his sentencing that fell a few years short of the maximum possible 24 years for crimes of sodomy, oral copulation and lewd and lascivious acts with a minor relative under the age of 14 in 1999.
Torres’ defense asked Sevely for a generous five years — noting Torres was a first-time offender, was sexually abused himself and overcame substance abuse issues by winning elected office and serving his community in downtown San Jose. Ahead of the hearing, Torres paid $6,400 for a psychological evaluation that argued his conduct was fueled by trauma and not pedophilia, according to a sentencing memorandum filed in court before the hearing.
“He spent the last 20 years of his life giving back to the community and ultimately to the truth,” Torres’ attorney, Nelson McElmurry, said in the hearing.
Deputy District Attorney Jason Malinsky, who prosecuted the case, said the evaluation lacked credibility and any transcripts, casting doubt on whether Torres was remorseful or rehabilitated. He pointed to the separate police investigation into Torres over text messages he sent soliciting sex with minors in 2022.
“It goes to show his sexual interest in children continues,” Malinsky said at the hearing.
The decision came after a dramatic morning that heard statements from Torres’ victim, the victim’s wife, Torres’ immediate family and friends — and eventually Torres himself.
Torres’ victim, his cousin, recounted out loud in the courtroom various instances in which Torres forced him into sexual acts. The testimony was graphic and full of excruciating detail. The incidents started when the victim was nine and Torres was also a minor, but escalated with mounting intensity until Torres became a legal adult — leading to the 1999 assault that fueled his conviction.
“At one point it would happen so often that I knew when I was alone, Omar would appear,” the victim said in court.
The atmosphere was tense between Torres’ side of the family and his victim’s. At one point Torres’ cousin stormed out of the courtroom.
“I am ashamed of my actions and ask my cousin and his wife for forgiveness. I violated their trust and crushed their hearts,” Torres said through tears as his family let out muffled cries. “I am ready to deal with the consequences of my horrendous actions and I am ready to deal with my own trauma.”
Multiple people spoke in Torres’ favor, including his sister who acknowledged the severity of his actions but asked Sevely to “see the whole person.” She noted Torres’ own trauma drove him to substance abuse and said he’s been sober for several years. Other friends recounted times Torres talked them out of taking their own life and helped constituents avoid being evicted in San Jose.
“I know he’s not a monster as some people portrayed him to be. I know he can still rise,” Torres’ sister said.
The sentencing comes just weeks after the parallel saga to fill Torres’ District 3 council seat — which became vacant after Torres’ stunning arrest and resignation last year — officially seated Councilmember Anthony Tordillos as downtown’s newest elected representative.
Torres will have to register as a sex offender with the state. He did not appear on California’s Megan Law website as of Friday morning. San Jose police first detained and interrogated Torres last October — and confiscated his devices — in an investigation tied to lewd texts about minors between him and a man in Chicago. Torres was in a sexual relationship with the man who later extorted the councilmember over their messages. Torres sought help from the police. But his decision later backfired when police searched his phone and found text messages in which Torres bragged about sexual exploits with minors.
In court, Torres’ victim said the abuse drove him into familial estrangement, homelessness and substance abuse.
“I regret not being able to speak out (sooner) but I do not regret remembering. I remember everything. Every detail,” the victim said.
The victim’s wife said the abuse cast a long shadow over their marriage and that Torres’ friends and supporters gaslit them in an effort to protect the former councilmember’s image.
“You didn’t just abuse your victim, you encouraged his isolation,” the victim’s wife said in court.
Torres maintained his innocence after the separate text message investigation went public. He claimed he was the victim of political retaliation, with supporters rushing to his defense. But that support crumbled after police released transcripts of the messages, which Torres initially downplayed as “fantasy” and “role-play.”
Media headlines around his texts later prompted his cousin to come forward to police with allegations that Torres molested him in the 1990s, at a time when the relative was a minor and Torres was 18. Torres’ attorney previously said his client tried to broach the subject with the victim and apologize for years. But it didn’t happen until a November phone call between the two which police were listening in on. During that call, Torres admitted to molesting the family member. Torres shared that he himself was a victim of child sex abuse, according to a transcript of that call.
The scandal kicked off a political firestorm where Torres maintained his innocence — and managed to hold onto his seat for some time — while dodging public appearances and refusing to leave office. The saga fueled weeks of City Hall employee unrest and scrutiny over the city charter and prompted a recall initiative that ended with Torres’ arrest.
“Today’s sentence holds Omar Torres accountable for perpetrating horrendous crimes against a child,” District Attorney Jeff Rosen said in a news release. “This sentence sends a strong message that no one is above the law, and it is never too late for justice. We admire the victim’s courage to come forward to report the abuse he suffered.”
Story updated Aug. 29 at 2:24 p.m. Original story published Aug. 29 at 11:48 a.m.
Contact Brandon Pho at [email protected] or @brandonphooo on X.
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