Judge refuses to dismiss charges in WTC BASE-jump case

NEW YORK, Nov. 18 (UPI) -- A judge chastised a group who BASE-jumped off 1 World Trade Center for their "thrill-seeking conduct" as he refused Tuesday to drop the charges against them.

Andrew Rossig, James Brady and Marko Markovich, who jumped off the unfinished building on Sept. 30, 2013, have been charged with burglary, along with Kyle Hartwell, who allegedly served as their lookout. Their lawyers argued that burglary is an inappropriate charge since they were not inside the building.

At a hearing in Manhattan, Supreme Court Justice Charles Solomon said dismissing the charges would not discourage the group from similar stunts and might encourage others to follow their example.

"Turning to the incident itself, defendants' thrill-seeking conduct is nothing more than inexcusable self-indulgence. The defendants also exhibited a callous disregard for the safety of the community," Solomon said in a written decision.

The judge quoted from Rossig's diary and suggested it sowed a tendency to take risks. He cited descriptions of landing in trees and hitting cables and power lines.

Rossig's lawyer said the three are experienced and careful

"We expect that when a jury hears both sides of the story not just one side they will see this was not the reckless act that the judge thought it was," said Rossig's lawyer, Timothy Parlatore.

The jumpers have even argued they performed a public service by showing security shortcomings at the tower, which replaced the Twin Towers of the old World Trade Center.