Lindsay Lohan says alleged early morning attacker 'isn't going to get away with it'

Lindsay Lohan is vowing to get even with Christian LaBella, the Congressional aide she said choked her in order to retrieve his cell phone. The "Mean Girls" actress is trying to convince those who saw the alleged incident to make statements to the police.

He isnt going to get away with this, Lohan told The Post. Im in shock, and it was a really scary situation.

But LaBellas uncle, Peter Jessop, says LaBella is a good kid, and just hopes his nephew doesnt lose his job.

[He] just went to New York for the weekend. Hopefully this doesnt cost him his job, Jessop told the Post. He is in shock about how the media has twisted this story.

Lohan pulled a fire alarm in New Yorks W Hotel at 6 a.m. on Sunday morning after a long night of partying with LaBella, an aide to Illinois Rep.John Shimkus (R), and several other hangers-on.

The website DNAInfo.com says Lohan, LaBella and friends bounced around nightclubs and hotels for nine hours. LaBella apparently hooked up with Lohans entourage through her friend, model Cory Kennedy, who told Lohan that LaBella was her cousin, DNAinfo reports. But Kennedys rep disputes this relationship.

"Cory was with Lindsay earlier in the evening but not present for the incident. Cory is also in no way related to the man involved," the rep told DNAinfo.com.

Regardless, Lohan became suspicious LaBella had been taking photos of her, tricked him into giving her his cell phone, and then ran down a hall trying to delete the photos and videos.

[She] confirmed that [LaBella] had in fact taken multiple photographs of her throughout the evening, an NYPD report of the incident stated. Ms. Lohan attempted to leave the hotel room with Mr. LaBellas cellular telephone ! for the purpose to deleting the photographs.

Lohan said LaBella then attacked her. He was initially arrested, but then released because of insufficient evidence. Lohan and LaBella then filed cross harassment complaints against one another.

FOX411 attempted to talk to Jessop but were rebuffed at his door in North Hollywood.