Flaming Fist soldier south of Beregost

I have a question about the soldier who confronts you in this area:
http://www.forgottenwars.com/bg1/ar3800.htm
In my EE play-through as a Blackguard I killed him and got a -5 reputation penalty. I distinctly remember that killing him would not cause any reputation loss in the original release. I felt this was justified since this jackass comes up to you and tries to arrest you with absolutely no probable cause. Whereas all other Flaming Fist soldiers work in large groups, this guy is alone, which further reinforces my opinion that he is not a genuine authority figure.
Is my memory of the original game correct? Does anyone else feel like the intent of the creators was that killing him would not bring any reputation penalties?
http://www.forgottenwars.com/bg1/ar3800.htm
In my EE play-through as a Blackguard I killed him and got a -5 reputation penalty. I distinctly remember that killing him would not cause any reputation loss in the original release. I felt this was justified since this jackass comes up to you and tries to arrest you with absolutely no probable cause. Whereas all other Flaming Fist soldiers work in large groups, this guy is alone, which further reinforces my opinion that he is not a genuine authority figure.
Is my memory of the original game correct? Does anyone else feel like the intent of the creators was that killing him would not bring any reputation penalties?
2
Comments
He openly accosts you in the wild, is a total dick about it, and in order to avoid a fight you've gotta go through several dialogue options. It was perfectly fine when killing him had no penalty, but now it's an absurd encounter that is a giant waste of time. I mean, the dude is only worth 15 experience points - he was clearly intended to be killed by most non-Good parties, because of his attitude and location.
EDIT: May have been 4->5
I always thought this made sense since this guy is very much out of order; if I remember correctly he attacks you outright on suspicion alone, as long as you don't make an effort to convince him othervise.
The game should not punish you with a six point reputation drop simply for not covering in front of abusive law officers.
I remembered is wll as cheap platemail time.
Still, I just played through the encounter and by just saying that you're not a bandit and by making reasonable argument he just walked away...no killing and no reputation points lost
Basically, the way I saw the conversation was my character insisted he wasn't a bandit, and said the Flaming Fist mercenary could bring us back to Nashkel to sort things out. He opted to try and kill us instead. I feel that what my character did was perfectly reasonable for a lawful and good aligned person, so the reputation loss was a bit of a pain. But then again, my character isn't very charismatic, so I can see how it ending in violence, even though that was not the intent.
I suppose a more pragmatic reason there shouldn't be a reputation loss is that no one saw me commit the act (at least, not to my knowledge).
In this case, your are approached while traveling by a vigilante who accuses you of a crime you did not commit. When you respond in a non-confrontational way he attacks. You are within your rights to defend yourself, you were attacked unprovoked.
If you choose the option to antagonize him I can see a reputation loss (though I feel 5 is a bit steep, 2 would be more reasonable).
*I'm at work, if someone could get the transcript of the actual options I'd appreciate it.
[spoiler=General dlg options]
And if you choose the "you got the wrong guys", then "why..." He will let you go
[/spoiler]