The lawyer for the couple who climbed the Empire State Building claimed that Manhattan prosecutors backed out of a misdemeanor plea deal, and said the move could lead to Ivan Kuznetsov being sent to fight in Russia’s war in Ukraine. Attorney Noam Biale made the claim to reporters after a court hearing on Thursday, as reported by Fox News.
Biale claimed prosecutors had offered a misdemeanor plea that would have protected Kuznetsov, 32, and Angelina Nikolau, 33, from what he called “catastrophic immigration consequences,” including deportation to Russia. He said the offer was taken off the table the night before the hearing and that the DA’s office now intends to pursue felony charges.
The Manhattan District Attorney’s office disputed that account. “As we stated in court, it is not accurate to state that any offer was withdrawn. The charges remain the same,” a spokesperson for the office said.
A lot is riding on how this case ends
The couple, who are from Russia and are in the US on a talent visa, could face prison time if convicted of felony charges such as burglary and reckless endangerment. “If sent back to Russia, Mr. Kuznetsov will almost certainly be sent to fight in the war in Ukraine and Ms. Nikolau may be jailed for her artistic expression,” Biale said. He called that outcome “completely disproportionate to the crime here, which our clients are prepared to take responsibility for,” adding, “That is not American justice.”
The pair are accused of climbing the antenna of the 1,454-foot landmark in July, where they unfurled a banner that read, “When the power of love beats the love of power the world knows peace.” Kuznetsov then appeared to stage a marriage proposal atop the building before police officers took them into custody.
In an interview with Good Morning America, Kuznetsov said they knew the climb was dangerous. He said the couple has been climbing for 15 years and urged others not to try to repeat it.
Kuznetsov also said they did not intend to damage any property or put anyone in danger. He said the only people they needed to apologize to were the officers who took them into custody. “I think we need to apologize only to policemen who tried to catch us upstairs. They were so kind, professional,” he said.
Nikolau said the climb was a performance meant to share a message of peace. She said she is willing to die for her art and would find it difficult to wake up every day if she gave up on her mission.
The pair previously appeared in the 2024 Netflix documentary Skywalkers: A Love Story, which followed their climb of Malaysia’s Merdeka 118 skyscraper. Other climbers have scaled parts of the landmark before, though Jared Leto’s Empire State climb in 2023 was authorized to promote a tour.
Kuznetsov said the couple is “ready to defend” themselves against the charges. The case has been adjourned until January 28, 2027, for potential grand jury action.
Published: Nov 13, 2026 06:30 pm