Embattled San Jose Councilmember Omar Torres has been arrested and submitted his letter of resignation, according to his attorney.
This comes after Torres was being criminally investigated for accusations of sexual misconduct with a minor.
Those allegations began when Torres told police he was being extorted by a man he had a previous relationship with. That man claimed their relationship began when he was a minor.
Court documents also show graphic texts between the two in which Torres talked about sexual acts with a different 17-year-old.
Torres’s attorney did not respond to NBC Bay Area's request for comment but has previously dismissed the exchanges as role-play between partners.
Torres has declined to climate further.
According to Torres' attorney, he is expected to be arraigned in the next few days.
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Torres's arrest and resignation follow calls from many councilmembers, community members, and San Jose Mayor Matt Mahan for his resignation.
Mahan has been outspoken since the allegations against Torres' came to light.
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"Omar Torres has been arrested on suspicion of committing some of the most serious crimes imaginable,” Mahan said in a statement Tuesday. “I’m horrified by the possibility that—far from his claim of outrageous fantasies—he may have in fact harmed children. I trust our Police Department and DA to ensure that justice is served through the due process afforded by our laws. If you have any information related to this case or other cases involving harm to children, I would ask you to reach out the San Jose Police Department.”
Leading up to the arrest, the city council voted to remove Torres from all his committee and commission assignments.
In his absence, other councilmembers have been assigned to fill Torres's spot on city committees, and Mahan said his office is stepping up to serve the 100,000 constituents in District 3.
City documents show councilmembers are paid a salary of $169,000 a year.
Since the criminal investigation, Torres has not attended any council meetings and has not reporting to commissions and committees.
