Taylor Swift

Prosecutors declined to pursue a criminal trespassing charge against a Wisconsin man who was arrested earlier this month for climbing a fence at Taylor Swift's home, The Associated Press reports.

Jacob Kulke, 24, will remain in a Nashville jail as he fights extradition to Colorado for probation violation. Kulke, who did not appear in court Thursday, was arrested Dec. 14 after climbing a fence and a gate at one of Swift's homes.

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According to the affidavit, Kulke claimed he was in contact with a person at the home through social media. He then said he was dating Swift and that he wanted to surprise her on her birthday. Swift was overseas at the time. Sean McKinney, Kulke's lawyer, said his client was tricked by someone into believing he was in communications with the singer.

"It is the defense's position that he was misled by someone else," McKinney said. "Mr. Kulke had reasonable belief that he was invited on to the premises."

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Assistant District Attorney Tali Rosenblum said that Kulke had already septn 13 days in jail and that the trespassing charge carries a maximum 30-day sentence. She said they wanted to resolve the charges so that he could be extradited.