Lohan's July 24 mugshot
Courtesy Santa Monica Police Department
07/27/2007 at 10:00 AM EDT
Three men are claiming that they were passengers in the SUV driven by Lindsay Lohan on the morning of her arrest – telling TMZ.com
that the actress had been drinking, and that she commandeered their vehicle to chase after her assistant.
Lohan's publicist and her attorney did not immediately return PEOPLE's call for comment on the report.
Before Lohan was arrested
early Tuesday morning, the actress had spent the evening drinking at a party in Malibu, one passenger, Dante Nigro alleged to TMZ. Asked if he saw her drinking, he replied: "Yes I did. I saw her walking around with a cocktail, and five or six of us, give or take a couple, took a shot together."
Nigro and his friends, Jakon Sutter and Ronnie Blake – who say they're friends with the boyfriend of Lohan's assistant, Tarin Graham – claim that Graham and Lohan got into an argument, and Graham then quit. When Graham climbed into her car, Lohan jumped into the driver's seat of Nigro's GMC Denali (the keys were in the ignition) and chased after her.
Nigro was in the passenger seat trying to grab the steering wheel, and Sutter and Blake were in the back as Lohan proceeded to chase after her assistant, they claim. (Police on Thursday released audio of the 911 call
from Graham's mother, Michelle Peck.)
Nigro says he tried to warn Lohan that she could get into trouble. Lohan's answer? "I'm a celebrity. I'm not going to get into trouble," he says was Lohan's response.