OK, so while I was looking for the frozen mammoth a Stormcloak (3) Patrol issued a verbal challenge. My weapons were sheathed the whole time and I think I was even in my 'traveling clothes' (non-armor). I spoke to one of them and two of them put their weapons away and started with the, "If you know any true sons and daughters..." dialogue, but the third one kept is weapon drawn. Then, all of a sudden, the other two pulled their weapons back out and all three attacked me. After all was said and done I had 2 more murders in my stats and got the message, "Last witness killed. 1000 bounty removed from the Pale.". I haven't joined either side yet, but I always free the Stormcloak prisoner from the Imperial parties.
Is this just a random encounter or a bug? I don't recall Stormcloaks ever attacking me on this (2nd) or my 1st character.
