The Russian climbers who scaled the Empire State Building in July were back in a Manhattan criminal court on Thursday, November 12, where their lawyer accused prosecutors of pulling back a plea deal that would have protected the pair from deportation — an account the Manhattan District Attorney's office flatly denies.
Source: Fox News Digital
Angela Nikolau, 33, and Ivan Kuznetsov, 32, appeared in court in New York City for the latest hearing in the felony case that followed their unauthorised climb to the top of the landmark. Their attorney, Noam Biale, told reporters that prosecutors had offered a deal under which the couple would plead guilty to misdemeanour charges and be shielded from what he called “catastrophic immigration consequences,” including deportation to Russia.
Biale said that arrangement collapsed the night before the hearing. “Last night, we received an email from the DA's office saying they were no longer offering that misdemeanour,” he said. “That is a bait and switch. They retracted their offer and now they want to fight the case. Well, we are prepared for a fight.” He said Nikolau and Kuznetsov now face the risk of prison time and deportation if the felony case goes ahead.
Source: LADbible
The district attorney's office disputes that version directly. In a statement, a spokesperson said: “As we stated in court, it is not accurate to say that any offer was withdrawn. The charges remain the same.” No formal plea offer, the office maintains, was ever on the table to withdraw.
Defence: a misdemeanour plea deal that protected the climbers from deportation was offered, accepted in principle, then withdrawn by email the night before court. Prosecutors: no offer was withdrawn, and the felony charges are unchanged. The disagreement is now part of the court record.
The July climb that went around the world
Nikolau and Kuznetsov, a couple known internationally as rooftoppers, drew worldwide attention in July 2026 when they climbed to the top of the 1,454-foot Empire State Building and reached its antenna. At the summit they unfurled a large black flag reading, “when the power of love beats the love of power the world knows peace,” and Kuznetsov appeared to propose to Nikolau high above Manhattan. Images of the stunt spread across the world within hours.
The pair have acknowledged that the climb was dangerous, but they continue to describe it as an act of artistic expression rather than a crime. Both have pleaded not guilty. Court records show they are charged with felony counts of first-degree reckless endangerment, second-degree criminal mischief and third-degree burglary, along with a misdemeanour count of unlawful climbing of the exterior of a structure.
Why deportation is now part of the case
Nikolau and Kuznetsov are Russian nationals living in the United States on talent visas, and the immigration stakes are what turned Thursday's hearing into a fight over the plea deal. The defence's position is that a misdemeanour resolution would have limited the damage to their status, while felony convictions could expose them to removal proceedings on top of any prison sentence.
Biale warned of what he said deportation would mean for the pair. “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,” he said. Those consequences are the attorney's stated claims about what could follow a removal; no deportation or removal proceedings against either climber have been announced, and whether any conviction would trigger removal would be a matter for federal immigration authorities and the immigration courts, not the Manhattan court.
For their part, the climbers have said they never intended to commit a crime. In interviews before Thursday's hearing they said they were ready to take responsibility and face the consequences of their actions, and that they hope to remain in New York City, which they consider the best place for their artistic work.
Source: ABC News, via Fox News Digital reporting
What happens next
The case was adjourned until January 28, 2027, for potential grand jury action, which means prosecutors may still put the felony charges before a grand jury while the defence prepares to fight the case it says it was ready to settle. Until then, the felony counts stand exactly as charged, and the dispute over whether a plea offer existed will hang over every future hearing.
The case has become a test of how New York handles viral stunt climbs of its most famous landmarks: a single July morning on the antenna of the Empire State Building has now produced a felony prosecution, a public row between the defence and the district attorney, and — if the defence is right about the immigration stakes — consequences that could follow the climbers far beyond any sentence a Manhattan judge imposes.