New York – Two climbers who scaled the spire of the Empire State Building in a daring stunt were arraigned on Thursday on felony charges and released under court supervision, a day after they evaded security to unfurl a banner about 1,450 feet above New York City and got engaged at the top.
Angelina Nikolau, 33, who goes by Angela, and Ivan Kuznetsov, 32, who goes by Ivan Beerkus, face charges including burglary, reckless endangerment and criminal mischief, according to the criminal complaint. The charges are not bail eligible under New York law, and the pair are due back in court on August 24, according to the Manhattan District Attorney’s Office.
On Wednesday, the couple ascended the needle of the iconic skyscraper and unfurled a black banner that read “When the power of love beats the love of power the world knows peace” before Kuznetsov proposed to Nikolau. On Instagram, Nikolau posted photos and video from the climb, along with a shot of her glittering engagement ring with the city in the background.
After the moment ended in handcuffs, Kuznetsov told the New York Police Department (NYPD) he wanted to “do something special for his engagement,” according to prosecutors.
The stunt raised questions about how the pair managed to breach security at one of New York City’s most famous landmarks, particularly amid a heightened NYPD presence for World Cup matches, the expected wedding celebration for pop star Taylor Swift and Kansas City Chiefs tight end Travis Kelce at Madison Square Garden, and festivities commemorating America’s 250th birthday.
Prosecutors with the Manhattan DA’s office described the pair as well known social media influencers who engage in extreme risk taking behaviour, including breaking into restricted areas of commercial buildings, hanging from rooftops and free climbing skyscrapers.
Nikolau featured in the 2024 Netflix documentary “Skywalkers: A Love Story,” in whose trailer she said: “Love is like heights. The fear never goes away. You just get better at facing it.” She also said in the trailer: “Security always has a blindspot.”
According to a law enforcement official, Nikolau and Kuznetsov entered the Empire State Building as visitors the night before their stunt and hid inside after closing. They purchased tickets to the open air observatory on the 86th floor at 9pm on Tuesday, about two hours before access to ticket holders is cut off. Both went through the airport style security screening in the lobby, which includes bag checks and X ray machines.
Security camera footage showed the couple hiding in the observatory complex, and it is believed they concealed themselves in a maintenance room before the observatory closed, according to officials.
Video also showed the pair popping out of a hatch in the floor in the pre dawn hours on Wednesday and emerging into the 102nd floor observatory complex near the top of the building. The stairs leading to the spire are blocked by a series of metal cables, and footage showed Kuznetsov using tools to loosen brackets on the wall that hold the gate like cables tight across the stairwell. Once the cables were loosened, they manoeuvred around a gate and cut two padlocks before emerging into the spire, an official said.
The complaint stated that access to the broadcast antenna required passing through multiple restricted areas, including the 103rd floor, which is accessible only with a key card to a secure door on the 102nd floor.
Investigators were reviewing ticket purchases and other videos to determine if the two had visited the building on prior occasions, as finding a suitable hiding place may have required surveillance of the layout and security. Investigators believe the pair hoped to monetise their social media accounts and generate publicity for another documentary, a law enforcement source told CNN.
The first 911 call came just after noon on Wednesday as people on the streets of Midtown Manhattan gazed at the top of the skyscraper.
Air traffic control audio captured a conversation between an NYPD helicopter pilot and a LaGuardia air traffic controller. “What’s all the hoopla going on over there?” the air traffic controller asked, according to ATC.com. “Two geniuses climbed to the top of the Empire State Building at the top of the spire,” the officer responded. “Oh, that’s awesome.” “They had some flag they were waving when they were up at the top,” the officer said. “And he just proposed to her.”
The building’s broadcast antenna, which emits high frequency radio signals powerful enough to harm the human body, had to be powered down for about 30 minutes before officers with the NYPD’s Emergency Service Unit could safely approach the climbers, according to the criminal complaint.
Officers wearing harnesses then climbed roughly 1,250 feet above the ground to reach the pair. Damage to a broken security door lock on the 104th floor is estimated at about $2,000, according to the complaint.
“Stay where you are,” an officer said in bodycam video recorded high above the city. “How are you doing? Can you just stay where you are… You can’t be up here,” the officer said. “I’m OK,” Nikolau responded, her face blurred by police in the video.
An attorney for the couple, Jason Krinsky, said outside the courtroom that the district attorney’s office overcharged his clients and that it was “premature” for him to make a statement. “We’re going to deal with this in the court, in the proper channels of the court,” he said. “I mean, come on, what a, what a way to propose…” Krinsky added. “You gotta give him some credit for that.”
NYPD Chief Michael LiPetri said the “serious felony charges” send a message. “There’s going to be consequences,” he added.
A spokesperson for the Empire State Building called the stunt “unauthorized” and thanked the NYPD for its help. “There was at no time danger to tenants, visitors, and Empire State Building Observation Deck guests,” the spokesperson said in a statement to CNN.
Asked by reporters after court on Thursday why they chose the “power of love” message on their banner, Kuznetsov said: “Because we believe in love.”
On a steamy July afternoon when temperatures reached 100 degrees in Central Park, Nikolau and Kuznetsov, who reside in New Jersey, held hands as they walked away from the downtown courthouse. After making their way to a nearby subway station, followed by reporters and photographers, they stopped on the subway steps and shared a long kiss.
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