Jingle Ball 2012 Photos: New York & Los Angeles
Taylor Swift performs during Z100's Jingle Ball 2012 at Madison Square Garden on December 7, 2012 in New York City.

Prosecutors on Thursday declined to pursue a criminal trespassing charge against a Wisconsin man arrested earlier this month for climbing a fence at a Nashville home linked to country star Taylor Swift.

Jacob Kulke, of Marshfield, Wis., will remain in jail in Nashville as he is fighting extradition to Colorado for probation violation. Kulke did not appear in court during his Thursday hearing. The 24-year-old Kulke was arrested Dec. 14 after climbing a fence and a gate at a home in Belle Meade that has been publicly linked to Swift.

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The affidavit said Kulke claimed he was in contact with a person at the home through social media. He said he was dating her and it was her birthday and he wanted to surprise her. Swift was overseas at the time her spokeswoman has previously declined to comment on the case.

Sean McKinney, Kulke's attorney, said Thursday that prosecutors discussed the decision not to prosecute with representatives for Swift. He said that Kulke is not guilty of the trespassing charge and said that his client was tricked by someone into believing that he was communicating with the star. Kulke told police he rode a bus to Nashville from Wisconsin, and then took a taxi to the home.

"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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