Disgraced former San Jose councilmember Omar Torres has pleaded “no contest” to charges he molested a minor relative in the 1990s – on the same day downtown residents vote for his replacement in a special election.
Torres made the plea in Santa Clara County Superior Court Judge Cynthia Sevely’s courtroom Tuesday. The 43-year-old ex-councilmember faces 24 years in jail, but the sentence has yet to be determined. Torres will have to register as a sex offender with the state.
“It is heartbreaking that someone elected to represent and serve thousands of San Jose residents had previously molested a small child,” District Attorney Jeff Rosen said in a statement. “Children are vulnerable and precious, and my Office will do everything in our legal power to fight for their safety and fully prosecute those who hurt them.”
Torres’ attorney, Nelson McElmurry, said his client is trying to take accountability and hopes the plea will lead to a more lenient sentence. McElmurry said he expects the County Probation Department to make a sentencing report toward the end of May.
McElmurry is pushing for a sentencing date toward the end of summer to allow enough time for a mental health evaluation, which could factor into the decision. Torres shared that he himself was a victim of child sex abuse, according to police reports. McElmurry said Torres 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.
“This is a case dealing with a generational type of trauma, and Omar decided this was the best route,” McElmurry told San Jose Spotlight.
San Jose Mayor Matt Mahan remarked on the timing of Torres’ plea.
“Omar Torres has pleaded ‘no contest’ on Election Day, which I hope gives the victim and all District 3 residents some measure of closure,” Mahan told San Jose Spotlight. “We likely won’t know who our next D3 Councilmember is for a few more months, but we do know that the future of our Downtown, the heart of our city, will be in better, safer hands.”
The former downtown leader’s current charges are related to his relative. The probe involving Torres’ more recent text messages about minors has not yet led to criminal charges. But it has prevented Torres’ pretrial release over concerns he’s still a threat to the community. Torres has been in jail without bail since his arrest.
San Jose police first detained and interrogated Torres last October — and confiscated his devices — in an investigation tied to the lewd texts. Torres was in a sexual relationship with a man in Chicago who later extorted the councilmember over their messages. Torres sought help from the police, but his decision later backfired when police found his messages about minors.
Torres maintained his innocence after the investigation went public and sent shockwaves through political circles. 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.
Torres then faced calls to resign from both former political allies and the entire city council. Torres refused — attempting to hold onto his position while dodging all public appearances. It sparked weeks of employee unease and scrutiny over what Torres’ colleagues did or didn’t know about his behavior. It also prompted a recall initiative that ended when Torres was arrested.
The vacant council seat has spurred a special election today that could tip the city council’s scales of power, reshaping Mayor Matt Mahan’s delicate six-vote majority and painting an early referendum on his controversial agenda to arrest homeless people and prioritize temporary shelter over permanent affordable housing.
Last updated April 8 at 3 p.m. Original story published April 8 at 1:15 p.m.
Contact Brandon Pho at [email protected] or @brandonphooo on X.
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