I didn't have to kill him. While Escorting Esbern and just after exiting the Thieves Guild hideout, a Thief spawned and caught the attention of a merchant, the crowd surrounding them, and then the guards. It was standard fare until the guards got involved and decided to try out their archery on the poor little burglar. Most of them connected, but one of them strayed and hit the townspeople, which did not go over well for the guard.
About this time, a Khajiit bounty hunter spawned and attacked Esbern, who lit said bounty hunter on fire... and a guard. So now you've got people attacking the guards for attacking the people, guards attacking guards for attacking the people, guards attacking the people for attacking guards, and, oh my, that is a pretty fireball you've got there, Esbern.
Inspecting the rubble... oh, look, no more Aerin. /grin
Actually, as amusing as it was to witness all that I still reloaded. Bit too many unique NPC deaths there for my purposes.
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JINJO!!!.........\O_/_O_,/:::::|....