According to New York court records on the Dec. 11 attack, she is facing five charges: an A misdemeanor, menacing in the second degree with a weapon other than a gun; another A misdemeanor, fourth-degree criminal possession of a weapon used in an assault; a B misdemeanor, third-degree menacing; another B misdemeanor, attempted assault with the intent to cause physical injury; and a criminal violation, harassment in the second degree.


Records show that she bonded out on $1000 cash bail and has an order of protection, presumably prohibiting her from contact with Tung and perhaps others on the train; the parameters are not made clear in case records. She has a Legal Aid lawyer, Jacob Bradley Rolls. She is due back in court Jan. 22, 2019. Legal Aid is provided to the indigent, people who are poor or otherwise cannot afford a lawyer. Lushchinskaya is a lawyer who reportedly earns $110,000 a year.

Her address is listed as 2940 W. 33 Street, feet from the Atlantic Ocean sandwiched between Seagate and Coney Island, known as O’Dwyer Gardens. A building owned by the New York City Housing Authority; public housing.

In the June case, Lushchinskaya was charged with two counts of misdemeanor assault. She was also then given a Legal Aid lawyer and was released on her own recognizance, in other words, she walked out of jail sans bail. She apparently did not show up for a fall court date and in November a warrant was issued for her arrest. When she did appear in court on Nov. 16, she was again released without posting any bail. She had a court date on Dec. 13, the same day of the D train incident and on the June case, was again ROR’d. But court records appear to show that both cases have now been combined and in total, she is facing 10 charges with several counts each of menacing and harassment.