NMSP DWI Arrest Leads to Discovery of Separate Alleged Sexual Assault

    DEMING – New Mexico State Police say a DWI arrest in Socorro County has uncovered a separate, unrelated sexual assault case involving a suspect already wanted on nationwide warrants.

    According to NMSP, a 43-year-old woman was arrested on November 28 for Aggravated DWI after being involved in a crash and fleeing the scene on I-25 near mile marker 143. She was transported to a hospital in Socorro for a mandatory blood draw. While there, she told the arresting officer that she had been sexually assaulted earlier that day by her ex-boyfriend, 43-year-old Brian Smolak.

    The reported assault occurred in Las Cruces, and investigators learned Smolak was believed to be “on the run” with active nationwide extraditable warrants out of Arizona — including one for Aggravated Assault on a Peace Officer.

    NMSP’s Investigations Bureau was notified, and agents quickly identified Smolak’s possible location at a motel in Las Cruces. After confirming he was inside the room, the Fugitive Apprehension Unit attempted multiple times to get him to surrender. When he refused, a search warrant was obtained and the NMSP Tactical Team made entry.

    Smolak was taken into custody on his warrants and may face additional charges. The investigation remains ongoing.

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