The Russian daredevil couple who scaled the Empire State Building in July are now facing felony charges and possible deportation after prosecutors withdrew a misdemeanor plea offer, according to their attorney.
Ivan Kuznetsov, 32, and Angelina Nikolau, 33, appeared in court this week on charges including felony burglary and reckless endangerment stemming from their stunt atop the 1,454-foot Manhattan landmark. The pair, who are in the United States on talent visas, had initially been offered a misdemeanor deal that would have shielded them from immigration consequences, but their lawyer Noam Biale said prosecutors reversed course.
“Last night, we received an email from the DA’s office saying they were no longer offering that misdemeanour and that they instead intend to pursue felony charges instead,” Biale told reporters outside court following a Thursday hearing. “That is a bait and switch. They retracted their offer and now they want to fight the case.”
Biale continued: “Well, we are prepared for a fight. Mr Kuznetsov and Ms Nikolau are now facing the risk of prison time and deportation,” He added that the consequences of returning to their home country could be severe. “And 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. That response is completely disproportionate to the crime here, which our clients are prepared to take responsibility for. That is not American justice.”
Kuznetsov and Nikolau, who gained international attention through the 2024 Netflix documentary “Skywalkers: A Love Story,” have maintained that their climb was never intended as a crime but as a performance piece meant to spread a message of peace. The documentary chronicled their attempt to scale Malaysia’s Merdeka 118 super-skyscraper.
“We just wanted to send a message to the world, send a message of love,” Kuznetsov said outside court. “And we’re ready to defend ourselves.”
Nikolau elaborated on their motivation: “We wanted to share a message of peace. With so much pain in the world today, we wanted to create a performance to stay in the peoples hearts.”
In an interview with Good Morning America this week, the couple addressed the dangers of their chosen art form directly. “We know how dangerous it is,” Kuznetsov said. “We know that it’s deadly dangerous and we actually want to say to people that don’t try to repeat it, because we’ve been doing it for 15 years. And maybe you should find another way to express yourself about love. There are a lot of ideas to express ourselves. We just do it by our own way.”
Despite acknowledging the risks, both have remained defiant about the value of their work. “If I skip my mission, it’s not interesting for me to wake up every day,” Nikolau said in the same interview. “It’s why I can die for my art.”
Kuznetsov also offered a specific apology to the officers involved in their arrest, even as he defended the stunt itself. “We didn’t want to make a crime, but we are ready to take responsibility for what we did,” he said. “I think we need to apologise only to policemen who tried to catch us upstairs. They were so kind and professional.”
The couple’s July ascent of the Empire State Building culminated in them unfurling a banner reading “When the power of love beats the love of power the world knows peace,” sharing a kiss, and appearing to stage a proposal before police apprehended them. The incident, which occurred atop one of the world’s most recognizable skyscrapers, drew global media coverage and mixed public reaction to the brazen act of urban exploration.
Biale had initially expressed confidence that a resolution would be reached without felony charges, but said Thursday that the Manhattan District Attorney’s office now intends to pursue the case aggressively. The couple’s immigration status has become central to the stakes, with deportation to Russia carrying what their attorney describes as potentially life-threatening consequences beyond any American prison sentence.