LAMOGORDO, N.M. — David Pena, the 42-year-old owner of the now-shuttered Alamogordo Technology Solutions, is scheduled to appear Wednesday afternoon before District Court Judge Stephen P. Ochoa in what may be a pivotal hearing in a criminal fraud case that has consumed this community for the better part of two years. The case — State of New Mexico v. David Pena, No. D-1215-CR-2025-00118 — involves 41 criminal counts stemming from an alleged pattern of consumer fraud that Alamogordo Police say victimized at least 32 residents, as previously covered by 2nd Life Media AlamogordoTownNews.org and covered by KALHRadio.org with Anthony Lucero…

The Charges

According to the Alamogordo Police Department, Pena faces a total of 41 criminal counts: 18 counts of felony fraud (fourth-degree felonies, 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 (involving amounts under $500). Under New Mexico law, a fourth-degree felony carries a potential sentence of up to 18 months in prison and fines up to $5,000 per count.

His wife and business co-owner, Angela Moreno, 42, also of Alamogordo, was arrested alongside Pena in October 2024. She faces a separate but related criminal case with 36 counts: 13 counts of felony fraud, 13 counts of conspiracy to commit fraud, and 10 counts of misdemeanor fraud. It is not immediately clear from public records whether Moreno’s case is also on Wednesday’s docket.

The APD Investigation

The Alamogordo Police Department’s Detective Division formally assumed the investigation in March 2024, though complaints against the business had been accumulating since at least May 2020. Detective Bunker was assigned lead on the case and reviewed fifteen initial reports of fraudulent activity, all originating from Alamogordo Technology Solutions at 3205 N. White Sands Blvd.

In investigative documents filed under Incident No. 24A-09592, Detective Bunker documented a recurring pattern: customers paid for computer repairs, phone fixes, data transfers, or device purchases — and either never received the service, received defective work, or found that their devices were returned with the same unresolved problems. Individual losses ranged from roughly $200 to $2,500 per victim.

By the time arrest warrants were secured, detectives had developed probable cause linking Pena and Moreno to 32 identified victims. The alleged schemes included false advertising, accepting payment without intent to deliver services, deceptive communication with customers, and systematically ignoring customer requests for refunds or status updates. The investigation covered a four-year window from May 2020 through September 2024.

Both Pena and Moreno were arrested on October 11, 2024, and booked into the Otero County Detention Center. They appeared before a Magistrate Court judge for their first hearings shortly thereafter. The case was later bound over to the Twelfth Judicial District Court, where it has been pending since 2025.

Business History: From BBB Complaints to Police Raid

Alamogordo Technology Solutions presented itself as a full-service technology repair shop — computers, phones, data recovery — and had been operating out of a storefront at White Sands Mall for approximately five years before its closure. For much of that time, complaints quietly accumulated on social media and with the Better Business Bureau.

The BBB’s records show that the organization revoked Alamogordo Technology Solutions’ accreditation on August 18, 2023, citing the business’s failure to meet basic standards — including the requirement to respond professionally to customer complaints with supporting documentation. By the time of the September 2024 police raid, the BBB had logged seven formal complaints against the business in recent months and given it an F rating. Complaints ranged from lack of communication on repair timelines to allegations that money had been mishandled and refunds never issued.

Customers had also begun filing civil lawsuits in New Mexico courts for breach of contract, and by mid-2024 the issue had spilled into Alamogordo city government, with residents appearing during public comment periods at City Commission meetings to raise concerns about the shop.

A critical discovery emerged when the City Clerk’s office confirmed that Alamogordo Technology Solutions was not a registered business with the City of Alamogordo — meaning it had been operating without a valid local business license. City Clerk Rachel Hughs confirmed the lack of registration and noted that the city had been directing complaints to APD.

The September 2024 Raid and Eviction

On September 6, 2024, the Alamogordo Police Department executed a raid on the Alamogordo Technology Solutions storefront, culminating a months-long escalation. That same day, following the police action, White Sands Mall Associates — the landlord — moved to evict the business. By 3:00 PM that Friday, the shop was closed and vacated.

APD issued a formal community alert stating the business was not a registered entity with the city and was under active criminal investigation, urging residents to exercise caution and directing those with specific concerns to contact Detective Bunker directly at 575-921-1368.

Shortly after the raid, Pena reached out to local news outlet Alamogordo Town News offering a video statement, though it was never released. When a reporter called Pena directly, he deferred all comment to his attorney. The business simultaneously posted a lengthy statement on its Facebook page, promising to resolve all outstanding repairs and refund disputes and insisting that negative coverage was part of a ‘smear campaign.’

Wednesday’s Hearing: What to Expect

The April 15 proceeding before Judge Ochoa is listed as a combined pretrial conference, plea hearing, and docket call — a format that suggests the case may be approaching resolution. A plea hearing on the docket indicates the possibility that Pena and the prosecution have reached or are near a plea agreement, which Judge Ochoa would need to accept or reject. Alternatively, the hearing could be used to set a firm trial date if no deal has been reached.

The specific courtroom assignment for Wednesday’s 1:00 PM hearing will be posted by notice at the Otero County Courthouse. Court proceedings in New Mexico are generally open to the public.

David Pena and Angela Moreno are presumed innocent unless and until proven guilty in a court of law. This article is based on publicly available APD records, court filings, and previously published reports.

Video 2 from KALHRadio.org shows the police involvement in the business closure and eviction…

To see or hear more from Anthony Lucero from KALHRadio.org concerning Alamogordo Technology Solutions prior podcasts ongoing legal challenges listen to the news stream daily at the link KALH Radio Listen Or listen to archived interviews and newscast at: https://youtube.com/@krazykalhradio?si=4PYzNONVEEs4kkug

CHARGES AT A GLANCE: STATE v. DAVID PENA

Case No.: D-1215-CR-2025-00118

Felony Fraud (4th degree): 18 counts — $500–$2,500 per incident

Conspiracy to Commit Fraud (4th degree): 11 counts

Misdemeanor Fraud: 12 counts — under $500 per incident

Total Counts: 41

Identified Victims: 32

Investigation Period: May 2020 – September 2024

Arrest Date: October 11, 2024

Hearing Date: April 15, 2026 at 1:00 PM

Presiding Judge: Hon. Stephen P. Ochoa, 12th Judicial District

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