Empire State Building Climbers' Lawyer Claims Plea Deal Was Pulled, Warns of Ukraine War Risk

A lawyer for Ivan Kuznetsov and Angelina Nikolau says prosecutors withdrew a proposed plea agreement in their Empire State Building climbing case, and has warned that deportation to Russia could put Kuznetsov at risk of being sent to fight in the war in Ukraine.

The couple, who also goes by Angela, appeared in Manhattan Criminal Court on Thursday, 12 November. Their attorney, Noam Biale, said prosecutors had withdrawn a proposed agreement that would have allowed them to plead guilty to lesser offences.

The Manhattan District Attorney's Office disputed his account, saying no formal plea offer had been made.

The couple still face felony charges, possible imprisonment and the prospect of deportation. They have not been convicted of the offences.

Lawyer Raises Concerns About Deportation to Russia

Biale reportedly told reporters that deportation to Russia could have serious consequences for his clients. He warned that Kuznetsov could face conscription into Russia's military and potentially be sent to fight in the war in Ukraine.

That warning describes a possible risk, not a confirmed outcome. The information available does not establish that conscription or deployment would automatically follow deportation.

Biale also raised concerns about Nikolau's potential treatment if she were returned to Russia, saying she could face imprisonment over her artistic expression. This, too, is an allegation about a possible outcome, rather than a confirmed legal consequence.

The lawyer's argument is that the couple's immigration status could shape what happens to them beyond the criminal proceedings in New York. Their future remains uncertain while the case continues.

Conflicting Accounts Over Proposed Plea Agreement

Biale reportedly said prosecutors had been prepared to offer the couple the opportunity to plead guilty to lesser offences. The Manhattan District Attorney's Office, however, said no formal plea offer had been made.

The two accounts leave unclear what was discussed between the defence and prosecutors, and whether any proposed terms were withdrawn before an agreement was reached. Neither account changes the fact that the couple remain charged and have not been convicted.

The case has been adjourned until 28 January 2027, when the pair are expected to return to Manhattan Criminal Court.

They face multiple charges arising from their July stunt, including third-degree burglary, first-degree reckless endangerment and second-degree criminal mischief. The charges remain allegations unless and until proved in court.

The Climb That Led to Their Arrest

The case stems from 1 July 2026, when, according to reports, Kuznetsov and Nikolau climbed the Empire State Building's broadcast antenna without ropes or safety harnesses.

The pair unfurled a banner bearing the message, 'When the power of love beats the love of power, the world knows peace.' Kuznetsov then appeared to propose to Nikolau.

The couple previously featured in the 2024 Netflix documentary Skywalkers: A Love Story, which followed their attempt to scale Malaysia's Merdeka 118 skyscraper.

After their arrest, they defended the climb as artistic expression, saying their intention was to spread a message of love and peace rather than commit a crime. They also acknowledged the risks involved.

Immigration Status Remains Unclear

Biale said the couple were in the United States on talent visas but did not specify when their immigration authorisation was due to expire. Their status may become a factor as the criminal case proceeds.

The couple are due back in court on 28 January 2027. Their criminal case and immigration future remain unresolved.