DWI arrest leads New Mexico State Police to sexual assault suspect in Las Cruces

LAS CRUCES, New Mexico (KVIA) — A DWI arrest in Socorro County led New Mexico State Police to uncover a separate alleged sexual assault in Las Cruces, ultimately resulting in the arrest of a person with two other warrants.

According to New Mexico State Police, the case began on Nov. 28 when a 43-year-old woman was arrested for aggravated DWI after she was involved in a crash and fled the scene on northbound I-25 near mile marker 143.

After her arrest, she was taken to a Socorro hospital for a blood draw.

While there, police say she told the arresting officer she had been sexually assaulted earlier that same day in Las Cruces by her ex-boyfriend, 43-year-old Brian Smolak.

Once investigators learned the alleged assault occurred in Las Cruces, the State Police Investigations Bureau was contacted.

Agents later confirmed Smolak was wanted on two nationwide extraditable warrants out of Arizona, including one for aggravated assault on a peace officer.

The woman also provided information about Smolak’s possible whereabouts in Las Cruces.

Investigators say that led them to a local motel, where agents confirmed he was inside a room.

The Fugitive Apprehension Unit attempted multiple times to get Smolak to come out, but officials say he refused.

A judge approved a search warrant, and the New Mexico State Police Tactical Team made entry into the room.

Smolak was taken into custody on his outstanding warrants and may face additional charges related to the alleged assault in Las Cruces.

NMSP says the incident remains under investigation.