San Jose Councilman Omar Torres denied bail
Omar Torres behind a correctional officer in court during his arraignment on Nov. 6, 2024. File photo.

San Jose Councilmember Omar Torres was denied bail on Thursday amid an ongoing child sex abuse investigation.

Torres, who resigned from City Council effective Nov. 27, faces a maximum 24 years in jail if convicted on three felony counts of child molestation, which came after his Election Day arrest. Police are continuing their investigation of the embattled District 3 leader, after explosive police filings revealed he molested an underage relative in the 1990s and – in a separate affidavit — sent lewd texts about minors and asking for people under the age of 18 for sex.

Judge Hector Ramon said while Torres’ molestation of his relative happened decades ago, Torres’ more recent text messages asking for sex with minors indicate he’s still a threat to the community.

“We have these other statements that have been made recently which indicate Mr. Torres continues to have this interest in having sexual relations with boys under the age of 18,” Ramon said at the hearing.

The probe involving Torres’ more recent text messages about minors has not yet led to criminal charges.

County prosecutors’ formal argument against Torres’ release is sealed for fear of putting the ongoing investigation at risk. The charges against Torres involve his alleged molestation of a minor relative in 1999, when Torres was 18, but police filings indicate Torres allegedly abused his relative while Torres was also a minor and the relative was as young as 4.

Mayor Matt Mahan and county prosecutors are calling for anyone with knowledge of the allegations, whether a resident or City Hall employee, to come forward. This news organization first reported that multiple councilmembers’ offices were contacted about allegations against Torres at least a year before the investigation went public in October.

Meanwhile, Torres’ vacant District 3 seat has opened a crossroads for elected leaders and multiple contenders want to take his place. The San Jose City Council will have to decide whether to replace Torres in a special election or appointment, the latter of which would be voted in by the council majority. Either route could tip the scales of power in a city balancing labor and business interests.

While the city hasn’t officially opened a nomination period, several residents are considering the open District 3 seat to represent the downtown core, including Mayor Matt Mahan’s Deputy Chief of Staff Matthew Quevedo, Latina Coalition of Silicon Valley Executive Director Gabriela Chavez-Lopez, Planning Commission Chair Anthony Tordillos, engineer Carl Salas, attorney Irene Smith and county housing policy analyst and longtime politico Aimee Escobar.

The criminal investigation into Torres first surfaced in early October, when police detained and released him after confiscating his electronic devices and searching his home and car. He called the investigation “political retaliation” and maintained he was a victim. He refused to resign and stopped attending city meetings and events, leaving downtown residents without representation and sending San Jose politics into a frenzy over a seat that the mayor described as “held hostage.”

A week later, a police affidavit revealed he sent lewd texts about minors with a Chicago man allegedly extorting him. Torres dismissed the texts as role-play and fantasy. But the affidavit prompted a relative to come forward to police with new allegations that Torres molested him. Torres resigned on Nov. 5 just hours before his arrest.

Story updated Nov. 14 at 2:19 p.m. Original story published Nov. 14 at 1:52 p.m.

Contact Brandon Pho at [email protected] or @brandonphooo on X, formerly known as Twitter.

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