Police are calling the child's death a tragic accident, and said they do not suspect foul play.

Yesterday's accident occurred at 1 p.m. as the boy's nanny, Brandi Shanks, was making lunch in the kitchen of the two-story unit in the Ala Wai Plaza at 500 University Ave. Police said the boy got over the railing by climbing a metal rack on the patio. He was pronounced dead at the scene.

An autopsy was scheduled for later today.

The boy's mother, Vida Berger, was in Las Vegas for work, and hasn't lived in the University Avenue apartment for four months, said the boy's grandmother, Linda Kamakaokalani Orosco.

She identified the boy as Exodus Berger.

Exodus lived with his father, her son, Jason McLeod, 28, said Orosco. McLeod works at a tattoo parlor during the day, and pays Shanks to babysit Exodus while he is at work. The apartment owner, who asked not to be identified, said he had leased the condo to Berger.

"I told them how many times to lock the sliding doors. Jason would tell the girl (Shanks) to keep things away from the balcony because one day Exodus would climb up on it. He's into everything at his age," said Orosco.

"I just seen him (the boy) on Saturday," said John Lopis, a security guard who has worked at the building for more than a decade. Lopis said no other such accident had happened at the complex during his tenure.

The family moved into the building Jan. 1, the apartment owner said.

Neighbors said they didn't know the Bergers well.

"I think I've seen him around," said Edmund Yokoyama, who lives next door to the Bergers. He described the accident as "scary."

On the ground floor late yesterday afternoon, people prepared for a toddler's birthday party while other tenants sunned themselves by the pool.

"That's kind of bad and sad that it happened," Lopis said.

Orosco said her son is distraught and that he stayed up all night crying.

"He's a dedicated and loving father," she said. "Exodus was Jason's life.