You don't count people twice. You test for reasonableness only if you are testing whether the definition of compensation satisfies 414(s). You use any 414(s) definition of compensation to satisfy a4.
Failure to follow the terms of the plan? While he may not yet be, technically, an HCE, if push comes to shove, it won't look good when it comes to the "facts and circumstances".
What were they thinking when they let him contribute early? Bet it was discriminatory in intent!