 Instead, the justices say a lower court must decide whether his actions were official acts, which are entitled to immunity, or unofficial acts that do not get immunity. That is WHIO's Samantha Manning reporting. We are working to learn the name of the man who died after going underwater in a pond here in Dayton. Crews recovered the man's body near Action Sports Complex. Witnesses said he tried to swim across the pond Sunday, but went under the water and never came back up. Dive teams said the murky water made it difficult to search.