Please remember, if you run completely out of air at any depth, as you ascend the air in your lungs and the air in your regulator will expand.
How to tell if the person is dead? Don't listen to a vote of the bystanders. An unconscious diver was brought to the surface, the partner called for HELP, and about 10 divers swam out to them. I arrived soon after with a boat, All of the "rescuers" agreed the girl was dead. . . Her face was blue and she was making "funny" noises. I pulled her aboard my boat and opened her airway and she was breathing quite well. Please don't vote someone dead . . . perform CPR and then if later the victim is pronounced dead. . . you'll know you tried.