A defense attorney said Tuesday that a search warrant filed this week could mean Santa Fe's district attorney is retaliating against a former state policeman who was a passenger during a fatal hit-and-run incident.

Sam Bregman represents Alfred Lovato, the now-resigned state police sergeant who was riding with Carlos Fierro when Fierro allegedly struck a pedestrian while driving drunk.

"I really don't understand her motivation at all," Bregman said of District Attorney Angela "Spence" Pacheco. "But if it's to construct a theory to charge my client with a crime, it's just wrong. I hope it's not retaliation."

Pacheco declined to say whether she will pursue charges against Lovato. "Let's just say Mr. Lovato's attorney and I don't agree on very much and leave it at that," she said.

In the search warrant — filed Monday in state District Court but signed by a judge Feb. 20 — police detailed a phone call that Lovato made from the back of a Santa Fe police car about an hour after Fierro, 36, and Lovato, 38, were pulled over Nov. 26. The car's interior camera and audio system captured the call, which Lovato made from his BlackBerry, the warrant says.

The document indicates Lovato used an obscene term for the victim.

"Hey are you there?" Lovato is quoted as saying. "I was out with Carlos here in Santa Fe and I got a ride with him. He ran over some guy and we killed the (expletive)."

The search warrant was filed in order to track down the phone number of the person Lovato called. Lovato called two numbers at 3:10 a.m. and 3:11 a.m., according to his phone records, obtained from state police. The first is a woman's number in Española, according to a voice-mail greeting. The woman did not return a phone message Tuesday. The second is a number in Velarde, which no one answered Tuesday.

Bregman said he thinks the warrant could be retaliatory because it was signed by the judge the day after Bregman told Pacheco that Lovato would cite the Fifth Amendment and not answer questions during Fierro's preliminary hearing last week.

Pacheco declined to comment on the conversation or any other details of the case Tuesday. Asked if the search warrant was filed to retaliate against Lovato, she said, "Not at all. The timing was coincidental."

Fierro was allegedly behind the wheel of a 2004 black BMW that struck William Tenorio, 46, of San Felipe Pueblo as he crossed Guadalupe Street just before 2 a.m. the day before Thanksgiving. The BMW left the scene and was pulled over minutes later in front of the Santa Fe Community Convention Center.

Tenorio, a local DJ and father of three, died later that day of his injuries. Tenorio was wearing dark clothing, jaywalking and had a breath alcohol content of .14 at the time he was struck.

Fierro, whose blood alcohol content was .21 at the time of the crash, is charged with vehicular homicide and causing an accident involving death. Lovato has never been charged in connection with the case. Police interviewed Lovato after the crash, but haven't released what he told them.

Fierro told police and others that he thought someone threw a rock at his car after he and Lovato were involved in some kind of altercation with patrons at WilLee's Blues Club. Patrons and employees of the club testified during the preliminary hearing that no fights or altercations took place at the club.

Fierro formerly worked for then-Rep. Tom Udall, D-N.M., and Sen. John McCain, R-Ariz., in Washington, D.C., and served as Don Diego de Vargas during the 1997 Fiesta de Santa Fe. Lovato was a member of Gov. Bill Richardson's security detail at the time of the crash.

Bregman accused Pacheco of sending "conflicting messages." He said she first indicated she wouldn't charge his client, though her latest actions might suggest otherwise. Lovato has not received a letter indicating he is the target of a grand jury, Bregman said.

Bregman also declined to comment on whether Lovato, who resigned from state police, is working at present.

Rio Arriba County Sheriff Joe Mascarenas confirmed last week that Lovato, who worked for state police for 17 years, recently applied to be a deputy with his agency. Mascarenas said he had no plans to hire Lovato or anyone else in the near future.

Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.