Anna Lushchinskaya, 40, of Brooklyn went berserk on the D train Tuesday morning, physically and verbally assaulting a young Asian woman in a racist attack. The several-minute long incident, captured on video, is a shocking, and seemingly random, racist attack that stunned strap-hangers and around 15 million others who have seen the videos.
Lushchinskaya, or Anna Lushchinsky, the name she used in her career as an attorney, was arrested and charged after the drama on the D.
And it turns out, this is not the first time she’s been maniacally violent on the subway. Or even the second. She’s facing more than a dozen charges, court records show. But, she was released from jail the first time without bail and now, released again on just $1000 cash bond.
Here’s what you need to know:
1. It’s 7:50 a.m. Aboard a Packed D Train Rolling Through Sunset Park. Inexplicably, Anna Lushchinskaya Decides to Begin a Violent, Racist Tirade & Assault on a Young Asian Woman
On a packed New York City subway during the morning commute Tuesday, Dec. 11, Lushchinskaya strikes, spit at, and screams racist slurs at a young Asian woman identified by the New York Daily News as Michelle Tung, 24, before being detained and then arrested.
Twitter user PlatanoMan, real name Juan Ayala, not only captured the incident on video but took Lushchinskaya down and then held her until New York City Transit Police arrived.
Here’s what happened:
In the first video, Lushchinskaya screams, ‘Fu*k off,” a number of times, strikes Tung with her umbrella and heavy keys and, attempts to kick Tung. For no reason. Then, Lushchinskaya repeatedly kicks Tung who was simply standing on the train. Tung then tries to defend herself and stop Lushchinskaya from kicking her. That’s when others intervene. Lushchinskaya, with a Russian accent, screams that the man who has stepped in her way is preventing her from hitting Tung and then Lushchinskaya lunges at Tung, who now begins to fight back. All the while, the dyed-blond Lushchinskaya, carrying a Louis Vuitton bag, kicks, strikes, and screams. People in the train are begging her to stop the attack. She then uses the metal part of her umbrella and again, strikes Tung, who is still trying to defend herself. People in the subway car are pleading for Lushchinskaya to stop.
2. The Scene is Captured on Video by New Yorker Juan Ayala, AKA Platano Man, Who Goes From Recording the Assault to Making a Citizen’s Arrest
The entire scene is being recorded by Ayala, who goes by PlatanoMan on Twitter and Facebook. He initially provides some comic relief by turning the camera phone on himself making what’s-going-on faces, but soon finds himself very much part of the action as opposed to just documenting it.
In the second part of his video, Lushchinskaya continues to fight, scream and then, attack the girl with her closed umbrella, stabbing at Tung. People are yelling, “What are you doing? Stop! What are you doing?”
Then, shockingly, as she appears to be using her phone to call the police, she spits at Tung and then yells at her, “Fu*king ch*nk.” People are stunned, screaming at her. “Get the fu*k out of here with your racist shit.”
But she does not stop and turns her venom on Ayala.
3. Lushchinskaya Spits at & Calls Ayala Muhammad Atta, the 9-11 Bomber. Ayala is Latino
Lushchinskaya appeared unfazed and when Ayala asks if her plan is to continue to attack people, “So you’re just going to pick fights with everybody on the train now? Is that what you’re going to do,” her response was to spit on him and call him “fuc*ing Muhammad Atta.”
Incredulous, Ayala responds: “Bitch, I’m Dominican.”
As he tells her the “whole world is laughing at you,” while he continues to record her, Lushchinskaya then smacks his headphones out of his hands and then tries to smack his phone out of his hands. Ayala, fed up, shouts, “I’m not the one,” and lunges at Lushchinskaya and takes her down to the floor.
Minutes later, when the train stops, Ayala has her in custody, her hands behind her back, awaiting police.
She is arrested.
4. Lushchinskaya Faces Menacing, Weapons, Assault & Harassment Charges. This is Not the First Time She Allegedly Committed a Subway Assault. Or Even the Second Time
After the incident, the NY Transit Police took to Twitter to thank Ayala and people who intervened and supplied police with videos and eyewitness accounts.
“ARRESTED: 40-year-old Anna Lushchinskaya was arrested by officers from Transit District 34 in Brooklyn and charged with felony assault in this case. Thank you to everyone who intervened and provided information.”
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.
“The Legal Aid Society exists for one simple yet powerful reason: to ensure that no New Yorker is denied their right to equal justice because of poverty,” the website says.
She carries Louis Vuitton, as can be clearly seen in the video. 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.
And, it turns out this is not the first time that Lushchinskaya has been violent on the Manhattan D or R trains, and in the same general location, 36th Street in the Sunset Park section of Brooklyn.
According to court records, Lushchinskaya was charged after allegedly pepper-spraying a man on the train on June 28. That man told the Daily News he and others on the train, soon filled with a cloud of the noxious spray that attacks mucous membranes in the eyes, nose, throat, and lungs, terrified, thought it was a terror attack.
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.
None of the charges of menacing, attempted assault and harassment which appear racially motivated in nature, are listed as hate crimes.
Days before, Gothamist reported Lushchinskaya allegedly struck at another subway passenger.
“”As I was passing her she stuck her arm out and like, side punched me with her keys in her knuckles …I stumbled, caught myself, kept walking and turned around because she was screaming at me to leave her alone. She called me a ‘psycho bitch,’ and I still had my headphones on so I couldn’t completely catch what she said because I was so taken off guard.”
That passenger said she informed transit police right after the incident and followed up with an email but had not heard back, until about the time Gothamist published its story: “The passenger tells us that an NYPD officer called her on Friday morning, around the time this story was published.”
5. Records Show That Lushchinskaya Was Licensed as a Lawyer in New York in 2004 & Was Named a Member of the NY Bar Association in 2005
According to online records and reports, Lushchinskaya, who is listed under the name Anna Lushchinsky, was admitted as an attorney in New York State in 2004 and was named as a new member of the New York Bar Association in 2005 for the second district, which covers Brooklyn. According to the New York State Unified Court System, she was supposed to re-register in September of 2018: “Due to reregister within 30 days of birthday. Next Registration: Sep 2018,” the NYS court reference reads. It’s not clear if Lushchinskaya, or Lushchinsky, the spelling she used with New York State officials, is in compliance.
According to Dun & Bradstreet, she has a law practice in Sheepshead Bay with two employees. It’s reported that her practice earns $110,000 a year. That said, the New York Department of State Division of Corporations says her two-person firm has been inactive since 2012 citing “Dissolution by Proclamation / Annulment of Authority.”
According to a LinkedIn profile that appears to be that of Lushchinskaya/Lushchinsky, attended Hunter College and graduated from New York Law School. The profile also says she worked as an attorney for the Law Offices of Tarasov & Associates until 2013. The firm lists Igor Tarasov as a personal injury lawyer though it has not won a judgment since 2014, according to its website.
Her LinkedIn profile says Lushchinsky is “skilled” in personal injury and immigration law, among other specialties. A cursory search of New York State court records with her listed as attorney found no pending cases.
Some on Twitter tagged the New York State Bar Association to question how she is able to practice law given the arrests and charges. And the NYSBA responded.
“NYSBA has no statutory or regulatory role relating to the certification or discipline of attorneys in New York State. That is handled by the Office of Court Administration.”
Heavy will update this story when new information is obtained.