On November 28, 2025, a New Mexico State Police officer arrested a 43-year-old woman for Aggravated DWI in Socorro County. The arrest took place after the woman was involved in an accident and fled the scene on I-25 northbound near mile marker 143. After her arrest, she was taken to a hospital in Socorro for a blood draw. While at the hospital, the woman informed the officer that she had been sexually assaulted earlier in the day by her ex-boyfriend, 43-year-old Brian Smolak.

The reported sexual assault occurred in Las Cruces, New Mexico. Authorities learned that Smolak was wanted, with active arrest warrants, and was considered “on the run” from law enforcement. The New Mexico State Police Investigations Bureau was subsequently contacted. Agents later confirmed that Smolak had two nationwide extraditable arrest warrants from Arizona, including one for Aggravated Assault on a Peace Officer.

Investigators received information from the female victim that Smolak might be located at a motel in Las Cruces. The Fugitive Apprehension Unit attempted several times to get him to exit his room without success. A search warrant was then approved for the room, and the New Mexico State Police Tactical Team entered and took Smolak into custody. He now faces charges based on the outstanding arrest warrants, and further charges regarding the sexual assault are possible.

The investigation is ongoing under the New Mexico State Police Investigations Bureau.

Source: NMSP

Source Type: Police

Source Location: Santa Fe

Las Cruces, NM

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