Charge at Tanners in Andover: David Clifford Gets 43 Months

In June 2012, off-duty Minneapolis Police Sergeant David Clifford punched a fellow patron outside Tanners Station bar in Andover, Minnesota, leaving the man with a brain injury that required three surgeries. Clifford, a 20-year veteran and executive officer of the department’s SWAT unit, was convicted of first-degree assault in April 2013, sentenced to 43 months in prison, and fired by the Minneapolis Police Department. This is what the record shows about the Tanners Andover assault case involving David Clifford.¹

What Happened at Tanners Station

On the evening of June 16, 2012, Clifford was off duty at Tanners Station, a bar in the northern Twin Cities suburb of Andover. Trial testimony established that he approached 44-year-old Brian Vander Lee on the patio to confront him about loud and abusive language. Surveillance video captured what came next: Clifford struck Vander Lee in the mouth with his right fist, knocking him backward off his seat. Vander Lee’s head hit the concrete patio floor. Anoka County Sheriff’s Commander Paul Sommer, after reviewing the footage, called it “a one-sided assault.”²

Clifford did not call 911. He left the scene, contacted the Minneapolis Police Federation for legal counsel, and did not answer his door when Anoka County deputies arrived at his home after midnight. He turned himself in the following day, June 17, on suspicion of assault.¹³

Brian Vander Lee’s Injuries

Vander Lee was placed on life support for at least two days after the punch.⁴ He required three brain surgeries to address bleeding in his brain.⁵ Anoka County prosecutor Blair Buccicone said that without medical intervention, Vander Lee “likely would have died.”²

In a victim impact statement read at sentencing more than a year later, Vander Lee described ongoing brain injuries, memory problems, and difficulty connecting with his four daughters. He said he had “become somewhat of a hermit” and could no longer handle crowds or public settings.⁶ The severity of those injuries drove the case forward: Clifford was initially charged with third-degree felony assault on June 19, 2012, but in July 2012 the Anoka County Attorney’s Office upgraded the charge to first-degree assault, citing the surgeries and the risk to Vander Lee’s life.⁷ Under Minnesota law, first-degree assault involves inflicting “great bodily harm” and carries a maximum penalty of 20 years in prison.⁸

The Trial and Verdict

Clifford took the stand and claimed self-defense. He testified that Vander Lee stood up and tried to throw a punch first, and that his own strike was an instinctive reaction. His attorney, Fred Bruno, pointed to the surveillance footage and still photographs, telling the jury that Vander Lee’s left arm moved first. “The camera doesn’t lie,” Bruno argued.¹

Prosecutors pushed back on several fronts. Buccicone noted that when Clifford surrendered roughly 19 hours after the incident, he never mentioned Vander Lee throwing a punch. The state argued the video showed Vander Lee posed no real threat, telling the jury that “Brian Vander Lee is not a threat,” and emphasized that Clifford, as a trained SWAT officer, had the skill and the option to walk away. Vander Lee’s blood-alcohol level at the time was 0.189 percent, more than twice the legal driving limit.¹

On April 13, 2013, an Anoka County jury convicted Clifford on all three counts: felony first-degree assault, third-degree assault, and misdemeanor fifth-degree assault.⁹

The 43-Month Sentence

On July 11, 2013, Anoka County District Judge Lawrence Johnson sentenced Clifford to 43 months in prison for the first-degree assault conviction. That was a significant downward departure from the 86 months recommended under Minnesota sentencing guidelines.¹⁰ Johnson said the act was “not the typical behavior you see for first-degree assaults” and that he believed Clifford was remorseful.⁶

Clifford apologized to Vander Lee’s family, his own family, and the Minneapolis Police Department. He told the court he regretted not walking away and said he had never truly taken off his uniform that night, wrongly deciding to intervene like a police officer when no intervention was needed.¹⁰ Vander Lee, in his written statement, urged the court to grant Clifford “as much leniency and compassion as he showed me.”⁶

Fired From the Minneapolis Police Department

Clifford had been with the Minneapolis Police Department since 1993 and had earned two Medals of Valor during his career.⁵ His record also included earlier incidents. In 1995, he was accused of pepper-spraying and striking a man with a flashlight; fifth-degree assault charges were dropped for lack of evidence, but the city paid a $55,000 settlement in a related civil suit. In 2010, a botched SWAT raid in which Clifford was involved resulted in a $1 million settlement by the city.²

Police Chief Janee Harteau began termination proceedings in February 2013, before the trial concluded, citing a violation of the department’s Code of Ethics.¹¹ Clifford filed a grievance through the Police Federation to challenge the firing, but the federation withdrew it after his felony conviction on April 13. His employment was officially terminated on April 22, 2013.⁵ Harteau said publicly that Clifford’s actions were “not consistent with the department’s values and standards.”⁹

1
Star Tribune. Minneapolis Cop Found Guilty of Assault in Andover Bar
2
Star Tribune. Minneapolis SWAT Team Leader Faces First-Degree Assault Charge
3
Twin Cities Pioneer Press. Minneapolis Police Officer Charged in Andover Assault Is Released From Jail
4
CBS News Minnesota. Andover Bar Assault Victim Improving Slowly at Hospital
5
Twin Cities Pioneer Press. Minneapolis Cop Convicted of Punching Andover Bar Patron Is Fired
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CBS News Minnesota. Mpls Cop Sentenced to 43 Months in Prison for Andover Bar Punch
7
Bring Me The News. Prosecutors Upgrade Charge Against Off-Duty Cop in One-Punch Fight
8
Minnesota Office of the Revisor of Statutes. Minnesota Statute 609.221, Assault in the First Degree
9
MPR News. Mpls SWAT Cop Found Guilty in Bar Assault
10
Twin Cities Pioneer Press. Andover Ex-Minneapolis Cop Gets 43 Months in Prison for Punching Bar Patron
11
MinnPost. Minneapolis Police Sgt. David Clifford Fired for Ethics Code Violation