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The Texting Woman Who Fell in the Fountain Has a Criminal Record

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Racked is no longer publishing. Thank you to everyone who read our work over the years. The archives will remain available here; for new stories, head over to, where our staff is covering consumer culture for The Goods by Vox. You can also see what we’re up to by signing up here.

Last week, we showed you the video of a walking-while-texting casualty—and it turns out that the Cathy Cruz Marrero, the woman who fell into a fountain at a mall because she wasn't paying attention to where she was going, later threatened legal action against the Berkshire Mall, though it's not clear why. She came forward following the release of the video to identify herself and express anger that the mall security guards were not more sensitive. Lawyers also say that "there was no railing to protect someone from falling into the fountain" so "her lawsuit may have some merit."

Oh, also, Marrero turns out to have a history of trouble with the law—ranging from a hit-and-run to credit card fraud. Jezebel writes:

The Reading Eagle of Reading, Pa. reports that Marrero has a bunch of retail theft convictions on her record, and in 2009 was charged with identity theft in Berks County, Pa. (where the Gosselins are from!) after allegedly using her co-worker's credit card to buy more than $4,000 in pretty things from Zales. She also allegedly spent $1,000 at Target, but those charges were dropped. The Berks County charges remain unresolved; she's still going to court on those.
· VIDEO: Girl falls into fountain while texting at the Berkshire Mall [Racked]
· People are being so mean to the fountain lady [Jezebel]
· Woman who fell in fountain has rap sheet [ABC7]

Berkshire Mall

Old State Road and Rte 8, Lanesborough, MA