MOUNT VERNON, N.Y. (PIX11) — After being shot at a summer backyard BBQ, 34-year-old Mark Nembhard thought he lost his little brother, who was shot too. 

“He was on his face laying there i was bleeding and trying to make sure he was ok,” said Nembhard.

The father of seven is now nursing a broken foot after a stray bullet passed through it at a Mount Vernon party early Sunday morning.

His brother, Brandon, 31, is currently at a Westchester hospital ICU after being shot twice.

Their mother, Sharon, got the call while she was sound asleep to rush to the hospital.

“He has big tubes to pull out the blood, so he’s in trauma ICU,” Nembhard explained.  

At the center of the double shooting investigation was a Mount Vernon police officer, who was off-duty at the time, according to the city. 

He was allegedly fighting with another man at the scene, according to the Nembhards, who said they witnessed it. 

“Then the officer take out his gun and started firing. I grab my brother to run back in the yard. That’s when i got shot,” the elder brother recalled. 

Neighbors on South Fourth Avenue report hearing multiple gunshots and dozens of partygoers scattering for cover. 

While police won’t confirm that their officer was fired, the city told PIX11 he is currently on modified desk duty.

And said in a statement:

“As a result of this incident…The city…determined it was most appropriate to request assistance from the New York State Police to lead in this investigation.”

The family is growing frustrated, now demanding answers and accountability.

“Why do you think they’re not saying?” Asked PIX11’s Anthony DiLorenzo.

“I think they’re trying to cover up. You don’t even hear from the mayor!” their victims’ mother said. 

“He needs to go to jail for what he did. We were all innocent,” said Nembhard. 

A Westchester DA spokesperson and state police said they could not comment if anyone faces possible charges.

The family is looking to hire a lawyer.