Stephen Rogata’s Trump Tower Climb: Charges and Plea Deal

Stephen Rogata’s Trump Tower climb happened on August 10, 2016, when the 19-year-old Virginian used industrial suction cups to scale the glass facade of the 58-story Manhattan skyscraper for about three hours before New York police pulled him through a 21st-floor window. He said he wanted a private audience with Donald Trump. He was arrested, sent to Bellevue Hospital for a psychiatric evaluation, and in February 2017 pleaded guilty to reckless endangerment and disorderly conduct under a deal that kept him out of jail so long as he completed a year of mental health treatment and stayed away from Trump.¹

Who Stephen Rogata Is

Rogata was born Michael Joseph Ryan and grew up in Great Falls, Virginia. He legally changed his name to Stephen Rogata in 2015.² He attended Langley High School in northern Virginia, where he took honors classes and was on the debate team, graduating in 2015.³

His parents had reported him missing to Fairfax County police in November 2014 after an argument about what his mother, Gina Ryan, described as his “obsession” with a political blog. They had restricted his internet access because of neglected schoolwork, and his mother told police, “His entire life focus is on that blog.” His parents said he had planned to travel to Miami to “live on the streets.” He was found the next day in Petersburg, Virginia.⁴⁵

Why He Climbed

The day before the climb, Rogata posted a roughly one-minute YouTube video under the alias “Leven Thumps” titled “Message to Mr. Trump (why I climbed your tower).”⁶ In it he called himself an “independent researcher seeking a private audience” with Trump “to discuss an important matter,” and said he chose to climb because “conventional means” of reaching the candidate would fail given Trump’s schedule. He also urged viewers to vote for Trump.⁷ NYPD Chief of Detectives Bill Aubrey said Rogata pointed investigators to the video when explaining his intentions.⁸

How He Scaled the Building

Rogata was first spotted on the Fifth Avenue tower at about 3:30 p.m.⁹ His equipment included four industrial-grade suction cup lifters with hand pumps, a spare, climbing shoes with sticky rubber soles, an alpine harness, and a belay device on a rope to prevent sliding. The gear was valued at roughly $600.¹⁰

For about three hours he moved up the glass exterior while a crowd gathered below. Spectators cheered, whistled, and gasped when he slipped. Thousands more watched on live television and social media as he periodically smiled and wiped the glass.¹¹

How Police Got Him Down

Fifth Avenue was shut down. The NYPD’s Emergency Service Unit cut holes in building grates, broke multiple windows to try to talk to him, and at one point attempted to reach him from a window washer’s scaffolding. Officers deployed radiation and explosive detectors as a precaution and set up airbags at street level and on the sub-roof garden in case he fell.¹¹

Police were reluctant to grab him for fear of triggering a fall. Chief Vincent Giordano said Rogata eventually reached a pane that would have cracked under his full weight, forcing the decision to intervene.⁹ Around 6:30 p.m., officers removed an entire window pane on the 21st floor, grabbed him, and pulled him inside. He was arrested and taken to Bellevue for a psychiatric evaluation.⁸

The Charges

Rogata was charged with four misdemeanors: reckless endangerment, two counts of criminal trespass, and violation of New York City Administrative Code § 10-167, commonly called the “BASE jumping” law.¹² Despite the nickname, § 10-167 prohibits climbing or attempting to climb the exterior of any building, monument, bridge, tower, or similar structure taller than 50 feet. Enacted in 2008, a violation is a Class A misdemeanor carrying up to one year in jail, a fine of up to $1,000, or both.¹³

The Arraignment

On August 17, 2016, Rogata was arraigned by closed-circuit video from his hospital bed at Bellevue, where he had remained under observation since his arrest. Appearing in handcuffs and hospital clothing before Judge Kevin McGrath, he told the court he had intended to give Trump “secret information” about his potential presidency.¹²

Manhattan Assistant District Attorney Pierre Griffith asked for $20,000 bail, calling the climb “a well-thought-out, planned stunt.”¹⁴ Defense attorney Tara Collins said Rogata was in a “fragile state of mental health,” that his actions were “profoundly stupid” rather than malicious, that he had made no threats, and that he was motivated by a wish to sit down with someone “he could never meet.”¹⁵ No plea was entered. Bail was set at $10,000, with release also contingent on clearance from Bellevue doctors.¹⁶

The Plea Deal and Sentence

On February 27, 2017, Rogata appeared in Manhattan court and pleaded guilty to reckless endangerment and disorderly conduct.¹ He received no jail time. Instead, the agreement required him to complete a year of conditions:

One year of mental health treatment at Turning Point Mental Health Center in Virginia, with monthly progress letters to the court.¹⁷
Full-time college enrollment or at least 20 hours of work per week.¹⁸
A stay-away order barring any contact with Donald Trump by mail, Facebook, or Twitter, and prohibiting him from going near Trump Tower.¹⁸
No new arrests for any reason during the year; any arrest would void the deal.¹⁷

If Rogata completed the full year, the reckless endangerment charge would be dropped and he would end up with no criminal record. If he failed, ADA Griffith told the court, “he’ll be brought back to court, his plea to the reckless endangerment would stand and he could face a sentence of up to one year.”¹⁹ Judge Joanne Watters warned Rogata directly that he must have “no contact with Donald J. Trump” or the agreement could be rescinded. Griffith added that the Trump Organization had been consulted and was “comfortable with the people’s offer.”²⁰

1
CNN. Trump Tower Climber Pleads Guilty
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KTLA. Trump Tower Climber Stephen Rogata Getting Psychological Evaluation
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WDTV. Trump Tower Climber: Who Is Stephen Rogata
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NBC Washington. Teenager Who Scaled Trump Tower Had Past Problems at Home
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WJLA. Teenager Who Scaled Trump Tower Had Past Problems at Home
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PBS NewsHour. Police Identify Man Who Scaled Trump Tower
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Fox 6 Now. Who Is Steve From Virginia? YouTube Video Surfaces of Man Saying He’ll Climb Trump Tower
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CNN. Trump Tower Climber: What We Know
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ABC News. Trump Tower Climber Wanted Personal Meeting With Donald Trump
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ABC 7 NY. What the Trump Tower Climber Used to Scale the Building
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ABC 7 NY. Man Climbing Trump Tower With Suction Cups Captured
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New York Post. Judge Grants Bail for ‘Profoundly Stupid’ Trump Tower Climber
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NYC Administrative Code. § 10-167 Climbing, Jumping or Suspending of Oneself From Structures Prohibited
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Denver Post. Trump Tower Climber Had Planned and Practiced, Prosecutors Say
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Washington Times. Prosecutors: Trump Tower Climber Had Planned It, Practiced
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ABC News. Trump Tower Climber Arraigned From Bed at Bellevue Hospital
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ABC 7 NY. Man Who Climbed Trump Tower With Suction Cups Pleads Guilty
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CBS News. Trump Tower Climber Stephen Rogata Pleads Guilty
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NY Daily News. Trump Tower Climber Pleads Guilty, Avoids Jail Time
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New York Post. Human Fly Takes Plea Deal for Climbing Trump Tower