Key Takeaways
- David Pena faces 41 criminal counts arising from alleged fraud at Alamogordo Technology Solutions between May 2020 and September 2024.
- A pretrial conference on April 15, 2026 resulted in a continuance of the jury trial originally set for April 20, 2026.
- The court set a firm plea deadline of May 18, 2026; after that date no plea agreements will be accepted absent extraordinary circumstances.
- Pena’s wife and co‑owner, Angela Moreno, faces a related case with 36 similar counts.
- At least 32 victims reported losses ranging from $200 to $2,500 for services that were never rendered or were defective.
- Victims are urged to contact the Otero County District Attorney’s Office and the Twelfth Judicial District Court to provide input on restitution and sentencing.
Case Background and Recent Developments
The criminal fraud case against David Pena, 42, owner of the now‑closed Alamogordo Technology Solutions, took a procedural turn after a pretrial conference held on April 15, 2026. District Court Judge Stephen P. Ochoa considered a motion filed by Pena on April 14 to vacate and reset the jury trial that had been scheduled for April 20, 2026. Although the motion was acknowledged as untimely, the judge found sufficient cause to grant a continuance, recognizing the parties’ anticipation of a possible resolution. The State, represented by Chief Deputy District Attorney Michael Heitz, indicated that the matters were likely to settle and that restitution negotiations were underway, and therefore did not oppose the continuance.
Plea Deadline and Judicial Order
In the Order Setting Plea Deadline filed on April 16, 2026 (Case Nos. D-1215-CR-2025-00118 and D-1215-CR-2024-00324), Judge Ochoa set a firm deadline of May 18, 2026 for Pena to enter into a plea agreement. The order explicitly states that should Pena fail to reach a plea by that date, the case will proceed to trial absent extraordinary circumstances beyond the defendant’s or his counsel’s control. Moreover, the order clarifies that no plea agreements will be accepted after May 18, 2026. Judge Ochoa also noted that, if the case goes to trial, it is expected to require at least five days of court time, underscoring the seriousness of the charges and the need for judicial efficiency.
Charges Against David Pena
Pena is charged with 41 criminal counts that stem from an alleged pattern of consumer fraud. The indictment includes 18 counts of fourth‑degree felony fraud (involving amounts over $500 but less than $2,500), 11 counts of conspiracy to commit fraud (also fourth‑degree felonies), and 12 counts of misdemeanor fraud (amounts under $500). These charges collectively allege that Pena orchestrated deceptive practices affecting numerous customers over a roughly four‑year span. His wife and business co‑owner, Angela Moreno, 42, faces a separate but related case comprising 36 similar counts, reflecting the joint nature of the alleged scheme.
Nature of the Alleged Fraud and Victim Impact
Investigators identified at least 32 victims who, between May 2020 and September 2024, paid between roughly $200 and $2,500 each for services such as computer repairs, phone fixes, data recovery, or device purchases through Alamogordo Technology Solutions. Many victims reported receiving no service at all, incomplete or defective work, ignored refund requests, and misleading communications from the business. The pattern of complaints suggested a systematic failure to deliver promised goods or services while retaining payment, which formed the factual basis for the fraud allegations. The business operated for about five years at 3205 N. White Sands Blvd. in the White Sands Mall before closing in September 2024 following a police search warrant and subsequent eviction. It was not properly registered with the City of Alamogordo and held an F rating from the Better Business Bureau, further underscoring consumer dissatisfaction.
Victim Participation and Call to Action
As the case moves toward either a plea agreement or trial, victims and affected customers are strongly encouraged to contact the Otero County District Attorney’s Office and the Twelfth Judicial District Court. Providing input on restitution amounts and expressing views on appropriate sentencing can influence the judicial process and help ensure that any resolution reflects the true extent of the harm suffered. Community voices play an important role in holding defendants accountable and securing fair outcomes for those impacted. The prosecutors have emphasized that victim participation is vital for a just resolution, and they stand ready to receive statements, documentation, and restitution proposals.
Presumption of Innocence, Sources, and Outlook
It is important to reiterate that all individuals named in these proceedings are presumed innocent until proven guilty in a court of law. The information presented herein derives from the official court order filed April 16, 2026, obtained via IPRA inquiries, prior case records, and related public documents. Court dates and deadlines remain subject to change, and the case is currently pending. For those seeking the full original report, a link is available through the local news outlet, and the complete docket can be accessed through the New Mexico Courts case‑lookup system. The upcoming months will determine whether Pena secures a plea by the May 18 deadline or proceeds to a trial that could last at least five days, with significant implications for restitution and accountability.