Alamogordo Technology Solutions David Pena Fraud Case: Jury Trial Continued as Plea Deadline Set for May 18, 2026

Alamogordo, NM — The criminal fraud case against David Pena, 42, owner of the now-closed Alamogordo Technology Solutions, took a new turn this week after a pretrial conference on April 15, 2026. District Court Judge Stephen P. Ochoa granted a motion to continue the previously scheduled jury trial, while setting a firm plea deadline of May 18, 2026.

According to the Order Setting Plea Deadline filed April 16, 2026, in the Twelfth Judicial District Court (Case Nos. D-1215-CR-2025-00118 and related case D-1215-CR-2024-00324), Pena filed a motion on April 14 to vacate and reset the jury trial originally set for April 20, 2026. At the April 15 hearing, the State (represented by Chief Deputy District Attorney Michael Heitz) indicated the cases were likely to resolve and noted that restitution details were being worked through for a potential plea. The State did not oppose the continuance.

Judge Ochoa found good cause to grant the motion but emphasized that the defendant’s trial, should it proceed, is expected to take at least five days. The order clearly states: Should Pena fail to enter into a plea agreement by May 18, 2026, the case will proceed to trial absent extraordinary circumstances outside the control of the defendant or his counsel. No plea agreements will be accepted after that date.

Pena, who appeared via video with his attorney Haashir Lakhani, acknowledged that the motion was filed untimely in violation of the court’s scheduling order.

Pena faces 41 criminal counts: 18 counts of fourth-degree felony fraud (amounts over $500 but less than $2,500), 11 counts of conspiracy to commit fraud (fourth-degree felonies), and 12 counts of misdemeanor fraud (amounts under $500). His wife and business co-owner, Angela Moreno, 42, faces a separate but related case with 36 similar counts.

The charges stem from an alleged pattern of consumer fraud between May 2020 and September 2024. Investigators identified at least 32 victims who paid between roughly $200 and $2,500 each for computer repairs, phone fixes, data recovery, or device purchases. Many reported receiving no service, incomplete or defective work, ignored refund requests, and deceptive communication.

Alamogordo Technology Solutions 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 eviction. The business was not properly registered with the City of Alamogordo and held an F rating from the Better Business Bureau. Pena and Moreno were arrested on October 11, 2024.

Victims Encouraged to Contact District Attorney’s Office and Court

As the case moves toward a possible 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 to provide input on restitution and to ensure there is no leniency in any potential sentencing. Community voices can play an important role in holding defendants accountable and securing fair outcomes for those impacted.

This update follows the April 14, 2026, report that had anticipated the April 15 pretrial/plea hearing and April 20 jury trial.

The case remains pending. All individuals are presumed innocent until proven guilty in a court of law.

For the full original report:

https://2ndlifemediaalamogordo.town.news/g/alamogordo-nm/n/374011/owner-alamogordo-technology-solutions-faces-41-criminal-counts-district

Court documents are public records available through the New Mexico Courts case lookup system. 

Information compiled from the official court order filed April 16, 2026 received via IPRA inquiries, and prior case records. Court dates and deadlines are subject to change.

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