Two Memphis brothers say that Emmit Martin III, one of the cops accused of beating 29-year-old Tyre Nichols to death in the city, pulled a gun on them after he found the pair smoking pot while armed, the officer told one of them: ‘I’ll blow your face off.’

Brothers Demarius Hervey, 27, and Glenn Harris, 24, made their claims in a new interview with NBC News, days after the shocking video was released showing Martin and four other officers viciously assaulting Nichols following a traffic stop on January 7. 

Nichols was hospitalized and died on January 10. Martin has been fired and charged with second-degree murder and other offenses in relation to Nichols’ death alongside Desmond Mills Jr., Tadarrius Bean, Demetrius Haley and Justin Smith.   

A sixth officer, Preston Hemphill, has been relieved of a duty in relation to the incident.  

Brothers Demarius Hervey, 27, and Glenn Harris, 24, went to a lawyer about the incident but were told that internal affairs would likely not take any action

Officer Emmitt Martin III has been fired and charged with second-degree murder and other offenses in relation to Nichols’ death alongside Desmond Mills Jr., Tadarrius Bean, Demetrius Haley and Justin Smith

Hervey and Harris say that they were smoking pot and were in possession of a legal firearm when they found themselves surrounded by Memphis cops at a gas station in August 2020. 

Panicked, Hervey and Harris said that they jumped into Harris’ car and took off. The chase lasted for around two miles until Harris crashed. When he got out and attempted to flee again, that’s when he found himself tackled to the ground by Martin, 30. 

The pair’s mother, Stacy Harris, confirmed the brother’s version of events, adding that all of her sons have had run-ins with the law. 

Their attorney, Arthur Horne, told NBC that a few days after the run-in, he told Harris that he could make a complaint to internal affairs but it’s unlikely any action would be taken. 

Tyre Nichols succumbed  to injuries sustained during the vicious assault on January 7

In the wake of the release of the Nichols’ video, Horne said that they family were unsure if they were going to follow-up with a formal complaint.

In 2020, Harris was accused of driving under the influence, reckless driving, driving with a suspended license, leaving the scene of an accident and evading arrest.

Hervey did not face charges but NBC News reports that officers did find a baggie of marijuana on his person. 

The network, quoting from the complaint, said that Harris ‘had over $2960 dollars on his person’ as well as a gun with 15 rounds.

Speaking about Martin, Harris said: ‘He was in the wrong, he wasn’t supposed to pull a gun on me.’ 

The damage from the car chase that Harris led the police on in August 2020

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Greg Harris was later charged with having a gun while under the influence

A WMC report from the time said that the incident occurred around 1:00 am on a Sunday morning. 

The report said that: ‘The crash sent several decorative planters flying down the road.’ It also mentions that Harris was charged with having a gun while under the influence. 

Martin had been with the Memphis Police Department since March 2018. His lawyer William Massey, has said that his client intends to plead not guilty. 

Massey told reporters: ‘No one out there that night intended for Tyre Nichols to die. No one. No one.’

He added: ‘I would just imagine police officers have a very difficult and dangerous job, and sometimes a thankless job. And it’s probably one of their worst fears that something like this would happen on their watch.’ 

Video of the beating, which was released publicly last week, shows that many more people failed to help Nichols beyond the five officers charged in his death. 

All five cops were fired on January 20 and on January 26 were arrested and charged with Nichols’ murder as well as kidnapping, assault and misconduct

Six officers were part of the so-called Scorpion unit, which targeted violent criminals in high-crime areas. Other Memphis residents who say they also were ‘brutalized’ by officers in the unit will speak, according to a statement from Crump.

Police Chief Cerelyn ‘CJ’ Davis said after the video’s release that the unit has been disbanded.

Nichols’ death was the latest in a string of early accounts by police about their use of force that were later shown to have minimized or omitted violent and sometimes deadly encounters. 

Memphis Police Department officers used a stun gun, a baton and their fists as they pummeled Nichols during the nighttime arrest.

Video shows Nichols running away from officers toward his house after he was pulled over on suspicion of reckless driving. 

The video footage released Friday shows the 29-year-old father calling for his mother and struggling with his injuries as he sits helpless on the pavement. 

The five officers chatted and milled about for several minutes as Nichols remained on the ground, but other authorities were on the scene. Two Shelby County sheriff’s deputies also have been suspended without pay while their conduct is investigated.

Crump (pictured) said he and the Nichols family had spoken with President Joe Biden on Friday and urged him to use Nichols’ death to galvanize support for the act’s passage

RowVaughn and Rodney Wells, the mother and stepfather of Nichols, have accepted an invitation to attend President Joe Biden’s State of the Union address from Rep. Steven Horsford of Nevada, who is chairman of the Congressional Black Caucus, according to Vincent Evans, a spokesperson for the group of Black lawmakers. 

Horsford told MSNBC Tuesday: ‘I have invited the Nichols family as guests of the Congressional Black Caucus so they will be there on that day to hear from the president and members of Congress from both sides of the aisle to hear how we will finally take action to keep our communities safe.’