A Costa Rican police chief is standing by his statement regarding the moments that led up to Malcolm-Jamal Warner’s death, insisting the late actor’s daughter was in the water at the time of his drowning and that the actor tried to save her.

Officials are setting the record straight about Malcolm-Jamal Warner’s death. Despite earlier reports, Costa Rica’s Judicial Investigation Agency (OIJ) told People on Friday that the “Cosby Show” alum’s daughter was actually not in the water at the time of his drowning.

Police reported that nearby surfers rescued the daughter of Malcolm-Jamal Warner, who tragically drowned in Costa Rica Sunday.