That would be the loophole that some of our commenters keep insisting doesn't exist; except that it appears clearly it DOES exist. Note enlarged bolded type is my emphasis - DG.
From MSNBC.com and the AP:
Okla. authorities charge man in deaths of 2 girlsOKEMAH, Okla. -- A three-year-long hunt for a suspect in the fatal shootings of two young girls in eastern Oklahoma ended Friday when authorities announced murder charges against a man already in custody for an unrelated killing.
Okfuskee County prosecutors charged Kevin Sweat, 25, with first-degree murder in the deaths of Taylor Placker, 13, and Skyla Whitaker, 11, two friends who were found shot multiple times in June 2008. Sweat was already in custody in connection with the death of his girlfriend, Ashley Taylor.
"We were always hopeful that we would come to this point," Okfuskee County District Attorney Max Cook said. A bill of particulars has been filed in the case, a first step toward seeking the death penalty against Sweat, Cook said.
Oklahoma State Bureau of Investigation agents pored over 900 leads, performed 19,000 forensic tests on 800 pieces of evidence and conducted hundreds of interviews in the high-profile case, OSBI director Stan Florence said. He thanked the victims' families for their patience.
"They have endured a terrible ordeal," Florence said.
Earlier, the OSBI identified one of two weapons used in the killings as a .40-caliber Glock model 22. They released the serial number of the weapon, EKG463US, in the hope that someone would come forward with it.
Sweat may have tried to sell that gun at a gun show in Tulsa this March, officials said. A reward of $5,000 reward is being offered for the firearm.
The arrests come more than three years after family members discovered the girls along an unpaved road less than a half-mile from Placker's home. They had been headed for Bad Creek Bridge, where they planned to wade through waist-high weeds to the river bank to collect shells and pebbles.
Their deaths were one of a series of tragedies to strike the town of barely 900 people.
Weleetka residents also have been shaken in recent years by a house fire that killed six people; the death of a beloved youth minister in an oil tank explosion; and a fire that tore through several downtown buildings.