Accused Murderer Of Skokie Student Takes The Stand In Own Defense

SKOKIE, IL — A man accused of murder for setting up a deadly drug deal testified in his own defense Monday. Dzevad Avdic, 23, took the stand on the final day of testimony in his trial for the murder of Max Gadau, 17, and the non-fatal shooting of another Niles North High School student.

Avdic, who had graduated Niles North the prior year, is charged with first-degree murder, attempted murder and robbery over the Sept. 28, 2014 Skokie double shooting. He appeared poised and composed throughout the trial, wearing a blue suit and showing no sign of the facial tattoos visible in his most recent booking photograph.

Prosecutors argued Avdic conspired with four teens other to set up a robbery of Gadau's friend, a girl who sold marijuana. Three admitted participants in the alleged plot, Myles Hughes, Jeremy Ly and Nicholas Smith, have pleaded guilty to reduced charges in exchange for their testimony and prison sentences of between 18 and 20 years. A fifth defendant who allegedly pulled the trigger is awaiting trial.

Avdic's defense team argued he believed he had a "violence-proof plan" of snatching the marijuana and fleeing. Avdic testified that Antonio "Tone" Hicks, who both sides agree was the shooter, was not part of the plan.

"Tone took it on himself to incorporate himself into the plan," Avdic testified. Hughes had been supposed to carry out the theft on his own, he said.

Hicks' fingerprints were found on the car on the rear passenger side of the car, and the three men who have already pleaded guilty fingered him as the gunman. Then 17, Hicks was indicted last February and faces trial later this year.

Avdic's girlfriend, who was expecting his child at the time of Gadau's killing, testified that he was distraught when he returned to the Englewood apartment they were sharing at the time.

"I f--d up," Avdic said, according to her testimony. "They shot her." Avdic said he never intended for anyone to lose their life and did not expect the dealer to resist. His girlfriend testified a sobbing Avdic told her he "can't go down for this" and it "wasn't supposed to happen."

After the shooting, Avdic threw his phone in the river and later said he lost it. That didn't eliminate records of the 49 messages that Avdic and the dealer had exchanged in the days leading up to her shooting. Prosecutors presented evidence of extensive text messages sent between Avid, his alleged accomplices and the surviving victim.

In interviews with police, Avdic initially said he had been with his girlfriend the entire night, although video evidence presented at trial appears to show his car near the scene of the shooting. Smith and Avdic waited nearby inside a car as Hughes and Hicks walked over to the car of Gadau's friend in the 9200 block of Kedvale Avenue.

Ly, a friend of Avdic since elementary school, was not at the scene. He's set for an 18-year prison sentence for his guilty plea to aggravated battery with a firearm. He provided the dealer's phone number, discussed robbing marijuana and suggested that Avdic arrange to bring a gun, according to evidence and testimony.

Prosecutors asked why Avdic didn't try to stop the shooter, Hicks, from getting out of the car.

"I was high. Things were going through my mind," Avdic testified. He said he lied to police and never reported the incident to authorities because he was afraid of retaliation from Hicks.

"I was devastated. I was crushed. I couldn't think straight I couldn't eat, I couldn't sleep," Avdic testified. "At first I was worried about Tone, but after that it was not getting locked up for something I didn't do."

Cook County Assistant State's Attorney Robert Heilingoetter argued Avdic had been afraid of going to prison for something he did do: arrange the planned marijuana theft.

"I did set up the drug deal," Avdic conceded.

Under Illinois case law, prosecutors do not need to prove that a killing was intentional to convict someone with felony murder. They only need to prove that the underlying forcible felony, in this case a robbery, took place and that someone died.

According to the defense, Avdic had never met Hicks before, first encountering him the night of the killing among about 10-15 people in a gathering at his girlfriend's house in the 5900 block of South Honore Street in Chicago. In addition to Hicks, several other attendees at the gathering that night were allegedly armed, although the jury was prohibited from hearing testimony to that effect.

Judge Lauren Edidin denied a request to call a witness that defense attorneys said would have testified that Hicks had robbed and stabbed her in a previous incident.

Closing arguments are set to take place Tuesday.

Related:

• Trial Begins Over Double Shooting Of Skokie Teens
• 5th Teen Faces Murder Charges Over Skokie Double Shooting
• Suspect Arrested for Murder, Attempted Murder of Skokie 17-Year-Olds
• Teens Charged Over Shooting Of Two Skokie 17-Year-Olds

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