JOSHUA TREE — Misty and Paul Warfox were on the run for nearly a year after their 7-year-old son, Dylin Biscamp, died from heat stroke. The couple were facing charges of child abuse with enhancements for causing great bodily injury resulting in death. Now, after being caught hiding out in Azusa, the couple will serve six years in prison each.
Misty Warfox, 37, and Paul Warfox, 43, appeared in the Joshua Tree Superior Court Monday morning for their sentencing.
The couple took a plea deal with the district attorney’s office the month prior and pleaded guilty to all charges.
Dylin’s paternal grandmother, Katherine Gonzalez Gonzales, spoke to Judge Rodney Cortez at the Warfoxes’ sentencing hearing.
She said she cannot understand why the parents did not immediately call 911 after seeing that Dylin was in distress.
“The reason they gave the court was they were afraid to lose the other children,” she said. “As if Dylin’s life didn’t matter.”
If they were really afraid of losing their other children, she remarked they wouldn’t have run.
Cortez agreed and said he was astounded at how preventable this tragedy was.
“Had Mr. Warfox or Mrs. Warfox treated Dylin as a child who needed protection, this wouldn’t have happened,” he said.
Cortez said he recognized that the couple were mourning their own loss through the court proceedings, but he believed that by running, they were prioritizing self-preservation over their other living children.
“It just shows what the motivation was that day,” he said. “There is no excuse for that, but there is a consequence for that.”
Cortez said he would go along with the district attorney’s plea bargain and sentenced both Paul and Misty Warfox to two years in prison for child abuse followed by four years in prison for corporal injury to a child causing death.
They will each face a total of six years in prison followed by three to five years of parole.
Gonzalez was dismayed.
“Six years is all they’re gonna get,” Gonzalez said. “That boy’s gone.”
She did not agree with the sentencing and said that, if it were up to her, they would be in prison for the rest of their lives.
“This little boy had dreams,” she had. “He had dreams of becoming a Marine and that will never be fulfilled.”
Dylin passed out while gathering wood
At the time of their initial arrest, the family was living in a homestead without running water or gas. Holes gaped in the walls. Paul Warfox said he had taken Dylin and a two other stepchildren to gather firewood in the Johnson Valley OHV recreation area on July 25, 2018.
The Warfoxes said Dylin passed out on the trail; court documents said Paul Warfox returned the boy to the house and the family took a nap.
Several hours later, as Dylin’s condition worsened, the family called a friend for help. Friends responded to the scene, which was deep in the desert, and began to drive Dylin to the hospital. His condition worsened; court documents said he vomited and had seizures.
They called an ambulance and Biscamp was taken to Hi-Desert Medical Center to be treated for possible heat stroke, according to the San Bernardino County Sheriff’s Department.
He was pronounced dead on arrival, and sheriff’s investigators were called to the hospital, where they determined the child’s death was a homicide.
“By the time I got there it was too late,” Gonzalez said. “I truly don’t know what happened that day last year.”
Both Misty and Paul Warfox were arrested that day.
In their first hearing on Aug 8, 2018, the court determined they were not flight risks and released them with their promises to appear for their next court date 20 days later. Instead, the couple fled and were on the run for nearly a year until they were caught in Azusa.
Paul Warfox was arrested for burglary April 21 and Misty was arrested on her outstanding warrant on July 14, according to the Azusa Police Department.