One of New York's most recognizable symbols became the stage for a daring performance that ended in a high-profile arrest and criminal charges. On July 1, 2026, two well-known roofers — 32-year-old Ivan Birkus (Kuznetsov) and 33-year-old Angelina Nikolaou — committed unauthorized entry into the restricted levels and spire of the Empire State Building. Their goal was not just conquering the height, but staging a public stunt that included unfurling a banner and a proposal ceremony at an altitude of over 440 meters.

The couple's actions attracted the attention not only of social media viewers but also of the most serious law enforcement agencies. The New York Police Department (NYPD) and the Manhattan District Attorney's Office initiated a criminal investigation. The suspects were detained immediately after the performance concluded, upon exiting the building, by a tactical unit.

How the roofers managed to outsmart security

According to investigative materials and internal monitoring camera footage provided by the managing company, Empire State Realty Trust, the breach was technically complex. The suspects used technical access routes to bypass commercial security posts. They entered the restricted zone through a service hatch on the 102nd floor, which is intended exclusively for scheduled maintenance of the tower's engineering systems and beacon light.

Rooftop bloggers kissing on the edge of a skyscraper, captured from a bird’s-eye view — illustration for the news about arrest on Empire State Building

The presence of unauthorized persons on the metal needle of the television antenna, reaching an absolute elevation of 443 meters above sea level, was recorded at 10:14 local time. While at the summit, the detainees unfurled a banner with a pacifist quote. Afterward, they descended to the technical platform at the base of the spire, where they recorded the proposal act on portable cameras.

Evacuation and large-scale special operation

The facility administration classified the situation as a direct threat to infrastructure security. This triggered an immediate full evacuation of civilians from the 86th-floor observation deck. Following the emergency response protocol, the New York Police Department deployed a helicopter from its aviation unit and tactical unmanned aerial vehicles.

Couple of blogger-roofers in stylish outfits, shot from above in an elevator before arrest at the Empire State Building spire

Ground units temporarily restricted traffic and pedestrian movement on adjacent sections of Fifth Avenue and 34th Street. The total duration of the suspects' presence on the spire was approximately 30 minutes. After voluntarily descending from the high altitude, the suspects were blocked and taken into custody by a team of approximately 40 NYPD officers.

Roofer-blogger atop the Empire State Building spire at 443 meters before arrest

Eight charges and potential consequences

The press office of the Manhattan District Attorney's Office published an official list of charges in accordance with the New York State Penal Law. In total, the suspects face eight criminal charges, including:

  • Burglary in the Third Degree: entering a non-residential premises. This is a Class D felony, punishable by up to 7 years in prison.
  • Reckless Endangerment: a Class A misdemeanor (up to 1 year in prison).
  • Criminal Mischief: a Class A misdemeanor.
  • Criminal Trespass: a Class B misdemeanor.
Rooftop bloggers holding hands on the spire of Empire State Building at 443 meters high, New York

The defense argues that the performance was artistic and peaceful, pointing out the lack of intent to cause material damage to the structure's elements. However, the prosecution emphasizes that unauthorized access to elements of the city's telecommunications infrastructure under heightened anti-terrorism security measures automatically elevates the act to the level of criminal prosecution.

Financial liability and court proceedings

In addition to criminal penalties, the roofers may face serious financial losses. According to New York State judicial practice, the costs incurred by municipal services for conducting emergency operations can be recovered from the guilty parties in full. This includes the logistics of using special aviation and blocking key transport arteries, which in a metropolis can amount to a huge sum.

Hand with wedding ring against New York skyline from Empire State Building spire height — illustration for news on arrested rooftop bloggers

The first full court hearing on the merits of the case has been scheduled by the court of first instance for August 24, 2026. At present, the suspects remain in custody until the bail set by the court is posted.