It sounds like there is a lot of background and history going on between everyone that I am not privy to, so I'm sure I don't know the full story.

I must disagree with the "gifted IS aspergers" comment though?? I have worked for the Association for Autistic Children, I have been a teacher in the past, and dh has an extended relative with aspergers, and I have done lots of research/reading on it, so I am in no way an expert, but I know a bit about it.
You can have:
1. A gifted child, 2. An aspergers child (or on the spectrum) or 3. A gifted child who also has aspergers (twice exeptional they often call it.)

All gifted children don't have aspergers and to have aspergers you don't have to be gifted as well. Gifted kids can get misdiagnosed as aspergers because they can share some excitabilities/sensitivities etc. Kids can have both and being gifted can ameliorate things in terms of helping them find ways to cope. As with all of these kinds of things there is a long broad continuum and kids can fall anywhere along it.

Artechim it sounds from the reading and other things you have mentioned like he may well be "gifted", I guess you are now looking at whether he is gifted-plus-some-other-issue, which it is hard to tell just from your post and not hearing the whole history. I have a "gifted" (whatever the label) 3.5 year old, and he can be an odd fish at times. He has just started kindy as well. He doesn't have the behaviour issues you describe, but is a very sensitive little fellow, and in the beginning of kindy was a bit overwhelmed by it I think, and not used to being in large groups of children without me as support. Did your behaviour issues start with kindy or does this pre-date all of that (which I am guessing from what some of the other posters have said that it does)? Does he like Kindy?

I hope you get the help you are seeking.