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Jacob Kulke, of Marshfield, Wis., will remain in jail in Nashville as he is fighting extradition to Colorado for probation violation.
The 24-year-old Kulke was arrested earlier this month after climbing a fence at a home in Belle Meade that has been publicly linked to Swift and her family.
Sean McKinney, Kulke's attorney, said Thursday that prosecutors discussed the decision not to prosecute with representatives for Swift.
However, he said that the charge could be brought again within the statutes of limitations.
McKinney said Kulke had a reasonable belief that he had been invited to the home.
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The video, which was directed by Anthony Mandler (whose credits include Rihanna, Maroon 5 and Justin Bieber), offers a fictional storyline that aligns with the not-so-fictional lyrics of the third single from Taylor's platinum-selling Red album.
"I've written about 'shame on you, you broke my heart,' but I've never written about 'shame on me, you broke my heart. I knew when you walked in, you were going to be complete bad news and I ran toward you anyway. I believed you anyway. I fell for you anyway, even though every red flag was going up every step of the way,'" Taylor tells The Boot of her inspiration for the song. "We find ourselves where we are in that situation where we want to think we're the exception. We want to think we can change someone, tame a lion, or make a bad guy good ... But nine times out of ten we end up looking back going, 'Shame on me. Should have seen that one coming!'"
Taylor will kick off her Red tour March 13 in Omaha, Neb. See a list of her concert dates here.