by Tracy McCue, Sumner Newscow — Sumner County Attorney Kerwin Spencer is charging Michaela Cliffman, 19, of Wellington accused in the Wednesday, Feb. 5 shooting of Bobbi Santana, 28, of Wellington with adultery – a Class C misdemeanor.

Cliffman’s bond has been reduced from $100,000 to $100. As of 4:30 p.m. Friday, she was still in Sumner County Jail.

If convicted Cliffman could receive a fine of $500 and 30 days in county jail. Spencer does not anticipate that she will get the maximum penalty.

Spencer said a Class C misdemeanor is slightly harsher than a traffic infraction, but less harsh than most misdemeanors. For example, it has a stiffer punishment than a speeding ticket but not as much as criminal damage to property according to Kansas State Statute.

Adultery, according to Kansas Statute, is defined as a having sexual intercourse with a person who is not your spouse. Spencer said he will not prosecute the case in district court and if it does come to court it will not involve the shooting.

Cliffman was originally arrested by the Wellington Police Department with the charge of aggravated battery, a felony, which put her immediately in Sumner County jail. Spencer said after reviewing the report of the investigations provided by the WPD, he has determined that Cliffman acted in self defense.

The shooting took place at 806 South G in Wellington between 3 and 4 a.m. Wednesday, Spencer said. Cliffman used a small-caliber handgun. The bullet would puncture Bobbi’s stomach, travel through her body and eventually land on a nearby window sill. Spencer described it as a through-and-through wound.

Bobbi was transported by Wellington EMS to Sumner Regional Medical Center. She was eventually taken to an unnamed Wichita hospital according to Wellington Police Chief Tracy Heath. He said she had exploratory surgery. He would not comment on her current condition. Heath described the wound as an upper abdomen wound.

In a Facebook entry under “Bobbi Santana” that was changed to “Bobbi Schurr” later on Friday, a status report was written around noon today that she was at Via Christi Hospital on St. Francis campus.

The night

Spencer provided the following information concerning the night in question.

Bobbi and Josh Santana are married and have three children. Spencer said earlier on Wednesday, Bobbi had suspected that Josh may have been having a relationship with Cliffman.

During the evening, Josh told Bobbi that he was going to visit his brother and left their house. Bobbi eventually decided that she would search for her husband’s whereabouts, Spencer said.

At the time, Cliffman was staying at the house of Dustin Rapphan, who was serving 30 days in jail for an unrelated case. Allegedly, Bobbi approached the door and knocked what Spencer said was for a certain length of time. Eventually, Josh came to the door and opened it.

Bobbi then proceeded to push past Josh and go to the bedroom where Cliffman was allegedly sleeping. Spencer said Bobbi attacked Cliffman in a vicious manner by punching and pulling hair. Spencer said it took all of Josh’s effort to separate Bobbi from Cliffman.

Josh and Bobbi then proceeded to a separate rec room where Josh tried to calm Bobbi down. In the meantime, Cliffman obtained a gun that belonged to Rapphan, Spencer said. After Josh and Bobbi starting to leave the premises, Bobbi saw Cliffman and attacked her again. This time Cliffman had the gun in her hand and shot Bobbi, Spencer said.

Spencer said after weighing in several factors, he determined it was an act of self defense.

According to the report, Spencer said, Cliffman never provoked Bobbi neither verbally or physically during the incident. It was also reasonably certain, Spencer said, that since Bobbi beat her up the first time, she could very well do it again on the second attack.

There was also the question of whether Josh should have allowed Bobbi inside the house. Spencer said it would have been in Josh’s interest to call the police and not allow her to enter. Spencer said he could not determine whether Bobbi was an invited guest or was intruding.

Both Cliffman and Josh admitted to having sexual intercourse before the altercation which is why Cliffman is being charged with adultery, Spencer said.

Spencer could not answer where the children of Josh and Bobbi were during the night in question. Heath said there were three witnesses in the event. Those three witnesses would be Josh, Bobbi and Cliffman, Spencer said.

“Bobbi was more angry and clearly the aggressor in the attack,” Spencer said.