Alamogordo NM
6-02-2026 5:24am

David Pena Plead Guilty Gets Light Sentence

ALAMOGORDO, N.M. — Local residents are expressing outrage after David Pena, the former owner of Alamogordo Technology Solutions, walked away with a suspended sentence and five years of supervised probation following a plea deal on multiple fraud charges.

Pena, 43, of Albuquerque, pleaded guilty on May 18 to 10 counts of fraud between $500 and $2,500 — fourth-degree felonies — in Otero County District Court. District Judge Stephen Ochoa accepted the plea and followed the recommendation in the deal, issuing a 15-year sentence that was fully suspended in favor of probation.

Pena must pay $31,022 in restitution and write apology letters to all named victims, even those whose charges were dropped. Critics say the outcome delivers little real punishment for years of alleged deception that affected dozens — if not hundreds — of local families.

The case stemmed from widespread complaints dating back to at least 2022 about Pena’s business practices. According to an eight-page statement of probable cause filed by Alamogordo Detective Chyenne Bunker, victims reported paying for repairs that were never completed, receiving old used computers instead of new ones, and in some cases never getting their devices back at all.

One victim paid more than $2,000 for a new computer but received a five-year-old used machine with an expired warranty. Another paid nearly $2,400 for a new system that was never delivered and never refunded. A woman who brought in her laptop to back up precious family photos was allegedly told it was lost — and was given someone else’s laptop instead.

Pena’s wife, Angela Moreno, 44, also pleaded guilty to 10 counts of fraud on March 30 and received an identical 15-year suspended sentence with five years of probation on April 29.

The Alamogordo Police Department spent countless hours investigating the case after receiving a steady stream of complaints. The city eventually suspended the business license for Alamogordo Technology Solutions amid the growing scandal.

A grand jury had originally indicted Pena on far more serious charges in November 2024: 22 counts of fraud between $500 and $2,500, 14 counts between $250 and $500, 13 counts of conspiracy to commit fraud, and one count of fraud under $250. Most of those charges were dismissed as part of the plea agreement.

At Pena’s sentencing hearing, at least three victim impact statements were read into the record, according to audio logs. The Alamogordo Town News and KALHRadio.org and run multiple investigative stories covering customer frustration, with many locals saying they felt ripped off, lied to, and strung along for months and a court that did not administer justice.

“This guy took people’s hard-earned money ripped them off, gave them junk or nothing at all, wasted police resources, and tied up the court system and tried it again., where is the justice? So much for protecting the victims in Otero County,”’ said one former victim. 

The light penalty has already sparked heated discussion on local social media and radio call-ins, with many calling the outcome a “joke” that fails to deter similar scams in the future.

Pena’s business is no longer operating in Alamogordo. The restitution order totals just over $31,000 — a fraction of the total financial harm alleged by victims across the original indictment.

This case highlights ongoing concerns in the community about protecting consumers, overall crime and a failing justice system. Residents are urged to report suspicious business practices to the Alamogordo Police Department and to use caution when dealing with local repair services.

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