Bonus: New Mexico State Police DWI Arrest Leads to Discovery of Separate Alleged Sexual Assault

Las Cruces, NM – On November 28, 2025, a New Mexico State Police Officer arrested a 43-year-old female for Aggravated DWI in Socorro County for being involved in an accident and fleeing the scene on I-25 northbound near mile marker 143. After the female was arrested, she was transported to a hospital in Socorro for a blood draw. While at the hospital, she informed the officer that she had been sexually assaulted earlier that same day by her ex-boyfriend, Brian Smolak (43).

It was later learned that the reported sexual assault occurred in Las Cruces, NM and that Smolak was believed to be “on the run” from law enforcement with active arrest warrants. After learning this information, the New Mexico State Police Investigations Bureau was contacted.

As the investigation continued, agents confirmed that Smolak had two nationwide extraditable arrest warrants out of Arizona with one of them being for Aggravated Assault on a Peace Officer. Investigators also received information from the female identifying Smolak’s possible location at a motel in Las Cruces. Agents confirmed Smolak was currently at the motel and developed a plan to take him into custody.

The Fugitive Apprehension Unit (FAU) attempted several times to get Smolak to exit his room, but the attempts were unsuccessful. A search warrant was approved for the room and the NMSP Tactical Team arrived and made entry. Smolak was taken into custody on his warrants and may face further charges.

This incident remains under investigation by the New Mexico State Police Investigations Bureau.