Lindsay Lohan isn’t lying down on this one — the banged-up bombshell is vowing to get her revenge on the congressional aide she accused of choking her at the W Hotel on Park Avenue South in the early hours of Sunday morning. “He isn’t going to get away with this,” she told us after cops opted not to prosecute Christian LaBella after the pair tussled over pictures he allegedly took of her on his cellphone during a night out on the town. Lohan added of the incident, “I’m in shock and it was a really scary situation.” Sources tell us Lohan is asking for witnesses to make statements to the police. Meanwhile, LaBella has been left fearing for his job as an aide to Republican Illinois Rep. John Shimkus. His uncle Peter Jessop said, “He doesn’t deserve this. It’s amazing that her mom said, ‘Thank God he didn’t have a weapon’ — of course he didn’t have a weapon. He’s a good kid, he’s worked for two congressmen. He just went to New York for the weekend. Hopefully this doesn’t cost him his job. He is in shock about how the media has twisted this story.”