João Batista Damasceno, a Rio judge, does not discard the possibility that the guards' actions could be rightly interpreted as a robbery.
"If they only asked for the amount of the damage, it may not be a robbery," Damasceno said in a message to USA TODAY Sports. "But if the amount taken is higher than the value of the damages, with the use of a weapon by the 'security,' this is robbery."
Damasceno added that even if someone has the right to receive compensation, that does not mean they can determine the amount on their own and take actions such as drawing guns to collect. Brazilian law rarely allows for a person to obtain such a payment through the use of their own force – such disputes should be mediated by the state, he said.
Deluz said a station employee had established the cost of the damage at 100 reais, but the swimmers paid about 160 reais, – 100 reais plus a $20 bill.
Jeffrey Ostrow, Lochte’s attorney, steadfastly maintains the men were robbed.
